Bombay High Court
Indian Overseas Bank And 9 Ors vs State Of Maharashtra, (Gom) And 3 Ors on 26 December, 2018
Author: Bharati H. Dangre
Bench: Bharati H. Dangre
904-nmwl-773-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 773 OF 2018
IN
WRIT PETITION NO. 2538 OF 2018
Indian Overseas Bank And Ors ...Applicant
IN THE MATTER OF :
Indian Overseas Bank And Ors ...Petitioners
Versus
State Of Maharashtra, (GOM)
And Ors ...Respondents
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Mr.Rohan Cama a/w Mr.Prasad Dhande a/w Mr.Amit Khairnar i/b
Link Legal India Law Services for the Applicant/Original Petitioner.
Ms.Jyoti Chawan, AGP for Respondent No.1-State.
Mr.Yekshay Chheda i/b Juris Corporation for Respondent No.3.
Mr.C.P. Joshi, Secretary PWD present in Court.
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CORAM : SMT.BHARATI H. DANGRE, J.
DATE : 26th DECEMBER 2018
(VACATION COURT)
P.C.
1. The Notice of Motion is taken out in the Writ Petition filed by the petitioner, thereby seeking renewal of the Insurance Policies which would lapse on 26.12.2018. The learned counsel for the petitioner has specifically placed reliance on the Concession N.S. Kamble page 1 of 3 ::: Uploaded on - 26/12/2018 ::: Downloaded on - 27/12/2018 01:33:33 ::: 904-nmwl-773-2018 Agreement dated 19th January 2011 entered between the Government of Maharashtra and the concessionaire viz Sion Panvel Tollways Pvt. Ltd., and in particular Clause No.12.6 of the said agreement which relates to the validity of the Insurance Cover.
The learned counsel for the State of Maharashtra Ms.Jyoti Chavan, on instructions, informs this Court that the State Government is ready and willing to renew the said Insurance Policies annexed at Exh.A and B to the Notice of Motion. The said solemn statement made on behalf of the State Government is accepted. The attention of the learned AGP is invited to Clause 12.6 of the said agreement which sets out that the concessionaire shall pay the premium payable on such Insurance Policies so as to keep them inforce and valid through out the Concession period.
It further stipulates if at any time the concessionaire fails to purchase and maintain in full force and effect any of the Insurance Policies which are required to be maintained under the agreement, Government of Maharashtra may at its option maintain such insurances and all the sums incurred by the Government would then be reimbursed by the concessionaire forthwith on demand and falling which the State Government is at liberty to recover the same from the performance of security of the Concessionaire.
N.S. Kamble page 2 of 3
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904-nmwl-773-2018
2. In light of the pertinent presence of Clause No.12.6 in the agreement, the apprehension expressed by the State Government appears to be unfounded since the Government stands protected by the said clause.
3. In light of the factum that the Insurance Policies are to expire today at the midnight, the State Government would ensure renewal of the Insurance Policies which are due to lapse at midnight today. Notice of Motion disposed of.
4. Parties to act on the authenticated copy of this order.
(SMT.BHARATI H. DANGRE, J.)
N.S. Kamble page 3 of 3
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