Bombay High Court
Sinhgad Technical Education Society , ... vs The State Of Maharashtra And Ors on 28 January, 2019
Author: M.S. Karnik
Bench: S.C. Dharmadhikari, M.S. Karnik
suresh 13-WPG-408.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.408 OF 2018
Sinhgad Technical Education Society .... Petitioner
Vs.
State of Maharashtra & Others .... Respondents
WITH
CIVIL APPLICATION NO.165 OF 2019
IN
WRIT PETITION NO.408 OF 2018
Bank of Baroda
through its Corporate Financial
Services Branch .... Applicant
Vs.
Sinhgad Technical Education Society .... Respondent
WITH
WRIT PETITION NO.6765 OF 2018
WITH
CIVIL APPLICATION NO.2127 OF 2018
IN
WRIT PETITION NO.6765 OF 2018
Suman Sachin Jain & Others .... Petitioners
Vs.
The State of Maharashtra & Others .... Respondents
WITH
WRIT PETITION NO.6767 OF 2018
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suresh 13-WPG-408.2018.doc
Gajanan Vishavambharrao Patil
& Others .... Petitioners
Vs.
The State of Maharashtra & Others .... Respondents
Mr. V.P. Sawant with Mr. Nitin S. Dhumal for the
Petitioner in WP-408/2018 and the Respondent in
CAW-165/2019.
Ms Kathleen Lobo & Yashashree Munde i/by Khaitan
& Co. for the Applicant in CAW-165/2019.
Mr. S.S. Pakle with Mr. S.M. Katkar for the Petitioners
in WP-6765/2018, for the Applicants in CAW-2127/2018
and the Petitioners in WP-6767/2018.
Ms Swati M. Jadhav i/by Mr. Rajendra Anbhule for
Respondent No.12 in WP-408/2018, for Respondent
No.5 in WP-6765/2018 and for Respondent No.4
in WP-6767/2018.
Mr. S.B. Kalel, AGP, for the Respondent-State in
WP-408/2018.
Mr. V.M. Mali, AGP, for the Respondent-State in
WP-6767/2018.
Mr. Hareshwar Dattatray Dongre, Social Welfare
Officer, Pune, present.
CORAM: S.C. DHARMADHIKARI &
M.S. KARNIK, JJ.
DATE : JANUARY 28, 2019 P.C:
1. After these matters were placed before us, Mr. V.P. Sawant handed in a copy of order dated 16-1-2019, passed in Page 2 of 5 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:13:23 ::: suresh 13-WPG-408.2018.doc Civil Writ Petition No.14612 of 2018.
2. That writ petition was filed by the petitioner in Civil Writ Petition No.408 of 2018 challenging the condition imposed by the Income Tax Appellate Tribunal by its orders of 10-11-2017 and 18-12-2018.
3. In the light of the directions contained in para 13 of the order dated 16-1-2019, the Division Bench has disposed of that writ petition.
4. Since the petitioner has complied with the conditional order passed by the Division Bench in terms of its affidavit-cum-undertaking in the subject writ petition, Mr. Sawant says that the Government of Maharashtra be directed to disburse the amount which are the fees/scholarship reimbursement of the students belonging to the Backward Classes, and this amount is due and payable to the petitioner from the Government of Maharashtra and particularly the Department of Social Welfare and Tribal Development. Page 3 of 5 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:13:23 :::
suresh 13-WPG-408.2018.doc
5. Mr. Kalel, learned AGP, says that the amount is not Rs.117,57,60,630/- but Rs.109,54,27,523/-.
6. Mr. Kalel, on instructions, says that this amount will be released in favour of the petitioner within two weeks from today.
7. We accept this statement made by Mr. Kalel, learned AGP, as an undertaking to this Court.
8. In the light of the fact that there is an undertaking given by the petitioner that the amount on being released in favour of the petitioner would be exclusively utilised to pay the unpaid salaries of the staff of the educational institutions, administered and managed by the petitioner and would not use this amount towards any other liabilities or expenses, we direct that within a period of four weeks from the date of receipt of the amount from the Government of Maharashtra the petitioner will disburse the unpaid salaries of the staff. Page 4 of 5 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:13:23 :::
suresh 13-WPG-408.2018.doc 9. We post these matters on 11-3-2019, for compliance. (M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.) Page 5 of 5 ::: Uploaded on - 30/01/2019 ::: Downloaded on - 30/01/2019 23:13:23 :::