The court permitted the withdrawal of a Civil Revision Application and granted liberty to file a fresh Writ Petition, subject to payment of costs and fulfillment of procedural directions.
Liberty granted to withdraw Civil Revision Application and file a fresh Writ Petition subject to payment of Rs. 25,000/- costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
211.CRA.206.2006.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.206 OF 2006 IN
MISCELLANEOUS APPLICATION NO.41 OF 1999
M/s. TAA Constructions Petitioners .. /Applicant
Versus
The Kalyan Agricultural Produce Marketing Committee .. Respondent
CORAM : MILIND N. JADHAV, J. DATE : JANUARY 04, 2024
P.C.:
1. Heard Mr. Varma, learned Advocate for Applicant and Mr.
Hakani, learned Advocate for Respondent.
2. On 22.12.2022, I had heard the parties and passed the
following order:-
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211.CRA.206.2006.doc
occasions earlier.
3. The same issue is reiterated before me today. However
there is change of heart on the part of Mr. Hakani and he would submit that he has considered decision of the Supreme Court which has been noted in paragraph No.4 of the aforesaid order and leaves it to the discretion of the Court in so far as awarding of costs is concerned.
4. Mr. Hakani in his usual fairness would submit that costs can be decided by the Court and can be paid over to any institution. According to this Court, there can be no other institution other than the Kirtikar Law Library, High Court, Mumbai to whom costs should be paid as it would enure to the benefit of the legal community and young members (lawyers) of the Library who use the same. Costs are fixed at Rs.25,000/- to be paid to the Kirtikar Law Library, High Court,
Mumbai which shall be paid by the Applicant within a period of one week from today.
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211.CRA.206.2006.doc
5. This Court appreciates the gesture of Mr. Hakani in the present matter. In view of the above, the Applicant is permitted to withdraw Civil Revision Application No.206 of 2006 with leave of the Court to file a fresh civil Writ Petition for the same cause of action in this Court which shall be registered by the Registry on being filed. Needless to state that filing of the Writ Petition shall be subject to payment of costs which are directed by the Court.
6. Mr. Varma would submit that in addition to the documents exhibited to the Revision Application, liberty and leave may also be granted to the Applicant to append further documents which are also relevant. That leave is also granted by this Court. A complete copy of the Writ Petition as filed shall be served within a period of one week from date of its filing in this Court on the Respondent / Advocate for Respondent before obtaining any ad-interim urgent order. Mr. Verma assures the Court that fresh Writ Petition shall be filed within a period of four weeks from today.
7. With the above directions Civil Revision Application No.206 of 2006 is allowed to be withdrawn and stands disposed.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
HARSHADA Digitally signed byHARSHADA HANUMANTSAWANT HANUMANT SAWANTDate: 2024.01.0519:50:19 +0530
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1 issue framed by the court
Whether a Civil Revision Application challenging an interlocutory order should be converted to a Writ Petition under Article 226.
Colour shows how this judgement treated each authority
Col. Anil Kak (Retd.) Vs. Municipal Corporation, Indore and Ors.Referred¶24
Col. Anil Kak(Retd.) Vs. Municipal Corporation, Indore and Ors.1
Bholeshankar Awas Gruha Nirman Sahakari Sanstha Maryadit Vs. Omprakash s/o. Dwarkaprasad Malviya and Ors.Referred¶24
Bholeshankar Awas Gruha Nirman Sahakari Sanstha Maryadit Vs. Omprakash s/o. Dwarkaprasad Malviya and Ors.2
M/s. TAA Constructions
The Kalyan Agricultural Produce Marketing Committee
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
