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Bombay High Court

M/S. Dhariya Construction Pvt. Ltd vs The Executive Engineer Raigad ... on 17 November, 2022

Author: R.D. Dhanuka

Bench: R.D. Dhanuka

              Digitally signed by
JAYARAJAN  JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR       Date: 2022.11.19
           11:21:42 +0530




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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                   WRIT PETITION NO.4647 OF 2022
                                                              ALONG WITH
                                                   WRIT PETITION NO.7703 OF 2015

                                    M/s. Dhariya Construction Pvt. Ltd. & ]
                                    Anr.                                  ]          ...        Petitioner

                                                  Vs.

                                    The Executive Engineer             Raigad ]
                                    Irrigation Department & Ors.              ]      ...      Respondents

                                                                  ...
                                    Mr. Alankar Kirpekar with Mr. Sagar Kasar i/b V.M.K. Legal for
                                    the petitioner.

                                    Mr. Rajiv Chavan, senior advocate with Ms. A.A. Purav, A.G.P.
                                    for the State.
                                                                 ...

                                                             CORAM : R.D. DHANUKA &
                                                                     KAMAL KHATA, JJ.
                                                             DATED       : 17TH NOVEMBER, 2022.
                                    P.C.:-

1. Office is directed to de-tag Writ Petition No.4647 of 2022 from Writ Petition No.7703 of 2015.

2. We are informed that the pleadings in Writ Petition No.7703 of 2015 are complete.

                                    AJN
                             2/2                   12 WP-4647.22.odt




3. The issue raised by the petitioner in this petition is whether the Committee constituted on 06/09/2013 could have decided on the quantum of the idle charges claimed by the petitioner, or not.

4. Place Writ Petition No.7703 of 2015 on board on 14/12/2022. It is made clear that no further adjournment would be granted.

5. Mr. Chavan, learned senior counsel for the respondents seeks four weeks' time to file affidavit in reply in Writ Petition No.4647 of 2022. Time, as prayed for, is granted to file affidavit in reply with a copy to be served on the petitioner's advocate simultaneously. Affidavit in rejoinder, if any, shall be filed within two weeks thereafter with a copy to be served on respondents' advocate simultaneously.

6. Place Writ Petition No.4647 of 2022 on board on 16/01/2023.

[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN