Bombay High Court
The Chairman Aurangabad Mathadi And ... vs M/S United Breweries Limited And Others on 16 October, 2018
Bench: S.V. Gangapurwala, R.G. Avachat
3-WP-7960-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4611 OF 2014
M/s United Breweries Ltd., Aurangabad ..PETITIONER
VERSUS
State of Maharashtra and Others ..RESPONDENTS
WITH
CA/9971/2016 AND CA/12841/2018 IN WP/4611/2014
WITH
WP/7960/2015 WITH CA/9969/2016 IN WP/7960/2015
WITH
WP/5886/2017
....
Mr. S.V. Dankh, Advocate for petitioner in all petitions and for applicant
in CA/9969/16.
Mr. S.K. Tambe, A.G.P. for respondent - State.
Mr. A.S. Gandhi, Advocate for respondent nos. 2 and 3 in WP/4611/14.
Mr. S.S. Thombre, Advocate for applicant in CA/9971/16.
Mr. P.P. Mandlik, Advocate for applicant in CA/12841/18 and for
respondent nos. 2 to 4 in WP/5886/17.
....
CORAM : S.V. GANGAPURWALA AND
R.G. AVACHAT, JJ.
DATED : 16th OCTOBER, 2018
ORDER :
1. In these petitions, the order of the Mathadi Board is assailed.
2. During the pendency of these petitions, the parties have arrived at a settlement as per the memorandum of settlement. 1 / 3 ::: Uploaded on - 17/10/2018 ::: Downloaded on - 18/10/2018 01:50:25 :::
3-WP-7960-15.odt
3. The letter given by the Mathadi Board regarding unloading charges is taken on record and marked as "X" for the purpose of identification in Writ Petition no. 7960 of 2018.
4. It appears that the petitioners have deposited an amount of Rs.2,01,69,913/-, which fact is not disputed by either of the parties. On the contrary, it is submitted that the Mathadi Board is entitled to withdraw the amount of Rs.1,60,91,905/- and the petitioner - M/s United Breweries Ltd. is entitled to withdraw an amount of Rs.40,78,008/-.
5. As the parties have arrived at a settlement, we need not enter into the legality of the said order. The parties shall abide by the memorandum of settlement, as agreed by them.
6. In the light of the above, these writ petitions stand disposed of. The Mathadi Board is allowed to withdraw the amount of Rs.1,60,91,905/- alongwith accrued interest thereon, if any. The petitioner - M/s United Breweries Ltd. is entitled to withdraw Rs.40,78,008/- alongwith accrued interest thereon, if any. The Mathadi Board and the petitioner company shall pay mathadi workers the amount as due and payable to them, preferably on or before 02 nd November, 2 / 3 ::: Uploaded on - 17/10/2018 ::: Downloaded on - 18/10/2018 01:50:25 ::: 3-WP-7960-15.odt 2018. The amount, as deposited in various petitions, be allowed to be withdrawn in the aforesaid proportion. In view of disposal of these petitions, the civil applications therein also stand disposed of.
( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. ) SSD 3 / 3 ::: Uploaded on - 17/10/2018 ::: Downloaded on - 18/10/2018 01:50:25 :::