Disposed¶31

Mula Sahakari Sakhar Karkhana Ltd. v. the State of Maharashtra and Ors.

Bombay HC7 Jan 2025WP/13356/2024

Case brief

AI extract

What is this about?

Marginal Money Loan scheme; sugar factory; Sahakari Sakhar Karkhana; loan proposal dated 05/04/2023; inaction / non-consideration of proposal; disbursement direction; Cabinet Committee; Cabinet Sub-Committee; NCDC; State of Maharashtra; Secretary, Co-Operation and Textile Department; premature objection; eight weeks; contentions kept open; Writ Petition No.11572 of 2024; Raosaheb Dada Pawar Ghodganga; Bombay High Court; decision dated 03/02/2025; petitions disposed of.

What did the court decide?

Direction that an appropriate decision be taken by the Cabinet Committee in respect of the Petitioners' loan proposals within eight (8) weeks; all contentions regarding the proposals pending with the State Government or before the NCDC expressly kept open. ¶31

Mula Sahakari Sakhar Karkhana Ltd. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the inaction in not considering the loan proposals dated 05/04/2023 submitted by the Petitioners called for a direction that an appropriate decision be taken on them. +1 more

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Court's answer

An appropriate decision shall be taken by the Cabinet Committee in respect of the Petitioners' proposal within a period of eight (8) weeks from today.

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Ratio / Principle

The Court has not dealt with the contentions with regard to any of the proposals pending with the State Government or before the NCDC; all such contentions of the parties are expressly kept open.

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Key takeaways

The present Petitions deserve disposal with a similar direction (as issued in Writ Petition No.11572 of 2024) to the effect that an appropriate decision shall be taken by the Cabinet Committee.ratio¶26

Detailed headnote1 paragraphs

Two sugar factories (Mula Sahakari Sakhar Karkhana Ltd. and Karmayogi Kundlikrao Ramrao Jagtap Patil Kukadi Sahakari Sakhar Karkhana Ltd.), aggrieved by inaction in not considering their loan proposals dated 05/04/2023 and seeking a direction to Respondent Nos.2 and 3 to disburse the loan amount under the 'Marginal Money Loan' scheme, had their writ petitions disposed of by the Bombay High Court (Alok Aradhe, CJ. with Bharati Dangre, J.) on 03.02.2025. Following the Division Bench order dated 29/01/2025 in Writ Petition No.11572 of 2024 (Raosaheb Dada Pawar Ghodganga Vs. The State of Maharashtra & Ors.), the Court directed that an appropriate decision be taken by the Cabinet Committee on the Petitioners' proposals within eight weeks, and expressly kept open all contentions regarding proposals pending with the State Government or before the NCDC, having dealt with none of them.

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MANDIRA MILINDSALGAONKAR Digitally signed by MANDIRAMILIND SALGAONKARDate: 2025.02.04 15:54:12 +0530

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1/3 7 WP-13356-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.13356 OF 2024

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Mula Sahakari Sakhar Karkhana .. Petitioner Ltd.

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Versus

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The State of Maharashtra & Ors.

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.. Respondents

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WITH

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WRIT PETITION NO.13357 OF 2024

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Karmayogi Kundlikrao Ramrao .. Petitioner Jagtap Patil Kukadi Sahakari Sakhar Karkhana Ltd.

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Versus

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The State of Maharashtra through .. Respondents the Secretary, Co-Operation and Textile Department & Ors.

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Mr.Nitin Gaware Patil with Mr.Divyesh Jain for the Petitioner in both the Petitions.

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Dr.Birendra Saraf, Advocate General with Mrs.Neha S. Bhide, Govt.Pleader, Mr.O.A.Chandurkar, Addl. Govt. Pleader and Mr.Y.D.Patil, A.G.P. for the State/Respondent Nos.1 to 3.

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CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. DATED : 03^rd FEBRUARY, 2025

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P.C:-

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With consent of the learned counsel for the parties, the Petitions are heard finally.

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M.M.Salgaonkar

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The Petitioners in the two Petitions are the sugar factories, who are aggrieved by inaction in not considering the loan proposals dated 05/04/2023 submitted by them. The Petitioners seek direction to Respondent Nos.2 and 3 to disburse the loan amount under the ‘Marginal Money Loan’ scheme within stipulated time frame.

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Learned Advocate General Dr.Birendra Saraf has placed before us the order passed in Writ Petition No.11572 of 2024 (Raosaheb Dada Pawar Ghodganga Vs. The State of Maharashtra & Ors.) on 29/01/2025, which raised a somehow similar challenge and upon the deficiencies being notified and complied by the petitioner, a statement was made on behalf of the State Government that the loan proposal of the petitioner would be placed before the Cabinet Sub-Committee for fresh consideration, but the petition was opposed on the ground that as the decision was yet to be taken, it was premature. The Division Bench, therefore, opined that further adjudication of the petition is not called for, as an appropriate decision on the proposal of the petitioner was agreed to be taken and a following direction was issued :-

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(i) An appropriate decision in respect of the petitioner’s proposal be taken by the Cabinet Committee as expeditiously as possible and in any case within a period of 8 weeks from today.

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(ii)

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(iii) Except for what has been observed above, we have not dealt with any of the contentions in regard to any of the proposals which are either pending before the State Government or before the NCDC. All contention of the parties in that regard are expressly kept open.”

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The present Petitions also deserve disposal with a similar direction to the effect that an appropriate decision shall be

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M.M.Salgaonkar

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taken by the Cabinet Committee in respect of the Petitioners’ proposal within a period of eight (8) weeks from today.

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We must clarify that we have not dealt with the contentions with regard to any of the proposals, which is either pending with the State Government or before the NCDC and all the contentions of the parties in that regard are expressly kept open.

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6. Both the Petitions are disposed of.

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(BHARATI DANGRE, J.)

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(CHIEF JUSTICE)

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M.M.Salgaonkar

Mula Sahakari Sakhar Karkhana Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Mula Sahakari Sakhar Karkhana Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

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