Indian Kanoon - Search engine for Indian Law

Bombay High Court

Vvf (India) Ltd vs The State Of Maharashtra And 2 Others on 17 December, 2020

Author: Abhay Ahuja

Bench: Ujjal Bhuyan, Abhay Ahuja

        Digitally
Minal   signed by
        Minal V.
        Parab
V.      Date:
        2020.12.17
Parab   13:53:57
        +0530




                                                                                   WP932_18.doc

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION NO.932 OF 2018

                     VVF (India) Limited                                   ...      Petitioner
                     Vs.
                     State of Maharashtra and others                       ...      Respondents

                     Mr. Sriram Sridharan, for the Petitioner.
                     Mr. S. B. Gore, AGP for Respondents-State.
                                                       CORAM : UJJAL BHUYAN &
                                                               ABHAY AHUJA, JJ.

Reserved on : DECEMBER 03, 2020 Pronounced on: DECEMBER 17, 2020 P.C. : (Per Ujjal Bhuyan, J.) Heard learned counsel for the parties.

2. This case was heard on 03.11.2020 along with three other writ petitions i.e., Writ Petition (L) No.4556 of 2020, Writ Petition No.2923 of 2019 and Writ Petition (L) No.2534 of 2020 whereafter the following order was passed:-

"1. Heard learned counsel for the parties.

2. Mr. Sriram Sridharan submits that issue raised in the above four Writ Petitions is identical to the one raised in Writ Petition (Stamp) No.93160 of 2020 which is pending before this Court with an interim order and therefore prays for a similar interim order.

3. On the other hand, Mr. V. A. Sonpal, learned counsel for the Respondents submits that granting of an interim order would amount to granting of final relief and therefore he submits that the Writ Petitions may be heard finally.

4. We find that Writ Petition (Stamp) No.93160 of 2020 is listed for further consideration on 01.12.2020.

5. In that view of the matter, above Writ Petitions be listed together with Writ Petition (Stamp) No.93160 of 2020 on 01.12.2020.

6. We make it clear that if the Writ Petitions cannot be heard on that day, prayer of the Petitioners for interim relief may be considered."

WP932_18.doc

3. Writ Petition (St.) No.93160 of 2020 has since been adjourned to 06.01.2021. In that view of the matter, this writ petition was heard along with the other three writ petitions on 03.12.2020 on the interim prayer.

4. We find that the issue raised in the present writ petition is identical to the one in Writ Petition No.2923 of 2019 (Asahi India Glass Limited Vs. State of Maharashtra and others) in which an interim order has been passed today in the following terms:-

"25. Thus having regard to the above and upon due consideration, we feel that a case for interim relief has been made out. Further, we are of the view that there should be uniformity in orders in similar matters.

26. Accordingly, as an interim measure, we stay operation of the letter / order dated 22.08.2019 issued by respondent No.2 and direct the respondents to issue necessary 'C' forms to the petitioner.

27. It goes without saying that being an interim order, the same would be subject to such final order that may be passed in the writ petition."

5. However, we find that by order dated 31.10.2018, we had issued Rule and granted ad-interim relief in terms of prayer clause (cc2).

6. Prayer clause (cc2) reads as under:-

"(cc2) Without prejudice to prayer (cc) above, that this Hon'ble Court be pleased to issue a writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ or order or direction under Article 226 of the Constitution of India ordering and directing the Respondents themselves, their officers and subordinates to issue C Forms to the Petitioner to the extent of the natural gas used in the generation of electricity by the Petitioner;"

7. In view of the ad-interim relief granted as above i.e., directing the respondents to issue 'C' forms to the petitioner to the extent of natural gas used in the generation of electricity by the petitioner, we feel that no further order is required at this stage as the ad-interim relief granted is in line with the interim reliefs that we have granted in identical matters.

WP932_18.doc

8. Stand over to 06.01.2021.

9. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

(ABHAY AHUJA, J.)                                  (UJJAL BHUYAN, J.)



Minal Parab




                                                                         3/3