Partly allowed

J.C. Barve Boys Hostel, Nagpur Run by Late R.G. Kale Smruti Trust, Thr. Pres. Rameshrao Kale v. the State of Maharashtra Thr. Secretary, Tribal Development Department, Mumbai and Others

Bombay HC8 Aug 2023WP/3052/2017

Case brief

AI extract

What is this about?

The High Court of Bombay resolved a dispute over the entitlement amount between a Boys Hostel for tribal students and the State of Maharashtra. The Court directed the State to pay the admitted balance of Rs.2,24,647/- within four weeks, invoking interest if not paid, while allowing the petitioner to seek additional claims separately.

What did the court decide?

Respondent No.3 to pay Rs.2,24,647/- within four weeks; 5% interest if not paid; leave to claim additional amount via representation.

J.C. Barve Boys Hostel, Nagpur Run by Late… — Contract and Commercial Disputes | Bombay HC (2023)

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1 WP-3052-2017.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Writ Petition No.3052 of 2017

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J.C. Barve Boys Hostel, Nagpur

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Versus

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The State of Maharashtra and others

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Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.

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Shri B.M. Kharkate, Counsel for Petitioner.

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Ms N.P. Mehta, Assistant Government Pleader for Respondents.

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CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

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DATE : 8th AUGUST, 2023 .

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1.Rule. Rule made returnable forthwith and heard the learned counsel
appearing for the parties.

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2.The petitioner, a Boys’ Hostel run by a Public Trust, claims to provide
hostel facility to tribal students who undertake training under various
Government Schemes. Pursuant to an agreement entered into with the Project
Officer- respondent No.3, the petitioner provided such facilities to tribal
students. The petitioner claims entitlement to the amounts which it had to
receive pursuant to providing such facilities. The claim made by the petitioner is
for an amount of Rs.63,79,000/-. In the reply filed by the respondents, it has
been stated that the entitlement of the petitioner is for an amount of
Rs.38,02,147/-. On various dates, the respondents have made payments to the
petitioner and the balance amount remaining is Rs.2,24,647/-.

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3.After hearing the learned counsel for the parties, we find that there is a
dispute between the parties with regard to the actual entitlement of the
petitioner. While the petitioner claims a higher amount of Rs.63,79,000-, the
respondents dispute the same. According to them, the total amount due is
Rs.38,02,147/- and now the balance amount of Rs.2,24,647/- remains to be
paid.

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4.In these facts, the interest of justice would be served by passing the
following order :

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2 WP-3052-2017.odt

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(i) The respondent No.3 within a period of four weeks from today shall pay the petitioner an amount of Rs.2,24,647/-, which is stated to be the balance amount in Paragraph 8 of the affidavit dated 25-2-2020.

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(ii) If such amount is not paid within a period of four weeks from today, the same shall carry an interest at the rate of 5% till its realization.

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(iii)In case the petitioner seeks an additional amount claiming to be due
and payable to it, it is free to make a representation in that regard to the
respondents indicating its entitlement.

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(iv)If such representation is made, the respondents shall decide the
same in accordance with law.

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5.With these directions, the writ petition is partly allowed and disposed of.
Rule accordingly with no order as to costs.

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(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.)

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LANJEWAR

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Digitally Signed By :PRASHANT DEWAJI LANJEWAR Signing Date:09.08.2023

J.C. Barve Boys Hostel, Nagpur Run by Late R.G. Kale Smruti Trust, Thr. Pres. Rameshrao Kale v. the State of Maharashtra Thr. Secretary, Tribal Development Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

J.C. Barve Boys Hostel, Nagpur Run by Late R.G. Kale Smruti Trust, Thr. Pres. Rameshrao Kale v. the State of Maharashtra Thr. Secretary, Tribal Development Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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