Mumbai Court October 2002 Judgments
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Mak Impex Chemicals P. Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Oct-07-2002
Reported in: AIR2003Bom88; 2003(1)ARBLR510(Bom); 2003(3)BomCR440
V.C. Daga, J. 1. In these petitions, the petitioners are seeking to restrain the respondents from enforcing the terms of Bank guarantee furnished in favour of respondent No. 1 (Union of India). 2. Parties are different but issues involved in these petitions are identical based on common facts, so this single judgment will dispose of both these petitions. As the principle arguments were advanced in writ petition No. 2809 of 1989 Gill & Co. v. Union of India, for the sake of convenience, the relevant facts are taken from the said petition. Facts in brief. 4. The petitioners are inter alia engaged in the business as Importers and Exporters of diverse quantities of cotton including Extra Long Staple Cotton for several years. The respondent No. 1 is the Union of India, The respondent No. 2 is the Textile Commissioner--Cotton) appointed by the respondent No. 1 and inter alia: was in charge of export promotion of cotton and textile goods. Respondent No. 3 is the Banking Corporation carrying o...
Perfect Equipments (P) Ltd. Vs. Prestige Enterprises
Court: Mumbai
Decided on: Oct-07-2002
Reported in: 2003(2)ALLMR978; 2003(2)BomCR640; (2003)1CompLJ72(Bom); [2003]44SCL74(Bom)
ORDERD.Y. Chandrachud, J.1. Admit. Counsel for the respondent waives services. By consent, taken up for hearing and final disposal. 2. On 20 May, 1995, an agreement was entered into between the parties by which' the petitioner appointed the respondent as a sole selling agent for the sale of span parts of textile machinery. Disputes arose between the parties and, on 3 April, 1998, the petitioner terminated the agreement. The agreement between the parties contained an arbitration clause in the following terms: '10. Arbitration.--In the event of any doubt, dispute, difference or question arising howsoever between the parties from or under this agreement or any operation activity or accounting thereunder (including any question of interpretations enforceability of this agreement), the same shall, if not amicably resolved, be referred to the arbitration of a mutually agreed arbitrator and in the event of any disagreement as to the appointment of such sole arbitrator, the sole arbitrator sha...
Prerana Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-07-2002
Reported in: 2003BomCR(Cri)481; (2003)2BOMLR562; 2003(2)MhLj105
Smt. Ranjana Desai, J. 1. Rule. Respondents waive service. By consent of the parties, taken up for hearing forthwith. 2. The petitioner is a registered organisation established in 1986. It does work in the red light areas of Mumbai and Navi Mumbai with the object of preventing the trafficking of women and children and rehabilitating the victims of forced prostitution. This petition is filed in public interest to protect children and minor girls rescued from the flesh trade against the pimps and brothel keepers keen on re-acquiring possession of the girls. 3. The 1st respondent, State of Maharashtra has established institutions for the care, protection and rehabilitation of women and children rescued from the flesh trade. The Government Special Rehabilitation Centre for Girls at Deonar is one such institution for the care and protection of child victims of forced prostitution. The 2nd respondent is the Probation Officer appointed under the Probation of Offenders Act, 1958 for the Govern...
Narayan S/O Eknath Chunkhade Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Oct-07-2002
Reported in: 2003(2)MhLj460
B.H. Marlapalle, J.1. In this petition filed under Article 226 of the Constitution of India, the petitioner has sought Writ of Mandamus against respondents No. 1 to 3 for revision of his pay-scale to the selection Grade for the post of Lecturer i.e. Rs. 3700-5700 with effect from 1-7-1986 on the basis of Government Resolution dated 27-2-1989.2. The petitioner, after passing his M.A. (Sociology) in 1968 from the Marathwada University at Aurangabad, came to be appointed as a Lecturer in Rajashri Chhatrapati Shahu Maharaj Vidyalaya at Kolhapur on 16-6-1969. He continued in the said post till 9-10-1975. Thereafter, he joined in the said post at Sadguru Gadage Maharaj College, Karad District Satara from 11-10-1975 and continued in the said college till 15-12-1975 (for about two months). From 16-12-1975 to 18-7-1976 he remained unemployed and from 19-7-1976 to 30-6-1998 he was appointed on part-time basis in the New Arts, Commerce and Science College at Ahmednagar. In the said college he cam...
Maharashtra State Electricity Board Vs. Datar Switchgear Ltd.
Court: Mumbai
Decided on: Oct-07-2002
Reported in: 2003(2)BomCR81
D.Y. Chandrachud, J.1. Admit. Respondents waive service. By consent taken up for hearing and final disposal.2. The question which this Court is called upon to decide in these proceedings is whether an Arbitral Tribunal constituted under the Arbitration and Conciliation Act, 1996 is empowered by the provisions of the Act to suspend the hearing of the arbitral proceedings and, in the alternate, whether the Court exercising jurisdiction under section 9 can issue a direction to that effect. Shorn at this stage of all the details to which it would nevertheless become necessary to advert during the course of the judgment, the Arbitral Tribunal by an interim direction, directed the petitioner ('MSEB') to deposit certain amounts which were permitted to be withdrawn by the respondent ('DSL') against Bank Guarantees. The Bank which had issued the Bank Guarantees extended the guarantees from time to time but then declined to renew them any further. The Guarantees were not invoked by the MSEB befo...
Dattatraya Anant Wakade and anr. Vs. Rangrao Sultanji Ghorpade and ors ...
Court: Mumbai
Decided on: Oct-05-2002
Reported in: 2003(2)MhLj462
A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India takes exception to the order passed by the Maharashtra Revenue Tribunal, Pune dated 15-3-1990 in Application No. MRT/NS/VI/4.88 (TNC. B. 260/88).2. The petitioners are landlords in respect of the land situated at Shirdhon, Taluka. Koregaon in Satara District. According to the petitioners the land held by the tenants on the Tiller's day (i.e. 1-4-1957) was in excess of the ceiling limit and therefore, the tenants were not entitled to purchase the subject land. That contention was accepted by the Additional Tahsildar and A.L.T. Koregaon by order dated 27th February, 1987. The tenants challenged that decision before the S.D.O. Koregaon by way of tenancy Appeal No. 26 of 1987. The Appellate Authority on the other hand held that the restriction of ceiling limit would not apply to purchase of land by the tenant on the Tiller's day as that is not required under Section 32G of the Bombay Tenancy and Agricul...
Sun N Sand Hotel Limited Vs. V.V. Kamat, Huf
Court: Mumbai
Decided on: Oct-05-2002
Reported in: AIR2003Bom168; 2003(1)ALLMR462; II(2003)BC121; 2003(2)BomCR37; (2003)1BOMLR625; 2003(3)MhLj932
S.J. Vazifdar, J.1. The suit is filed as a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, to recover a sum of Rs. 5,04,26,250/- towards principal and interest upto 15th July, 2000 together with further interest at the rate of 18% per annum on Rs. 3,57,00,000/- from 16th July, 2000 till payment.2. The plaintiff's case is that between 24.2.1995 and 23.7.1997 it had placed deposits of various sums aggregating to Rs. 4,79,00,000/- with the defendant which the defendant agreed to repay with interest, initially at the rate of 16% per annum and at the rate of 18% per annum with effect from 1.1.1997 on the basis of simple interest payable quarterly.The defendant repaid an aggregate amount of Rs. 1,22,00,000/- towards the principal amount. The last payment towards the principal amount was of a sum of Rs. 25,00,000/- on29th June, 1996, leaving a balance of Rs. 3,57,00,000/-.The defendant also paid various sums towards interest between 1.4.1995 and 31.3.1998 at the i...
ibrahimkhan Pirkhan Pathan Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-05-2002
Reported in: 2003BomCR(Cri)866; 2003CriLJ1802
R.K. Batta, J.1. The appellant, along with co-accused Habibkhan Pathan, was tried for the murder of Ataullakhan under Section 302 read with Section 34 of the Indian Penal Code. The prosecution had in all examined 11 witnesses in support of the charge. The trial Court, after placing reliance on the evidence of PW-1 (Ismailkhan), father of the deceased Ataullakhan, PW-7 (Julekhabi), mother of the deceased, PW-3 (Nilkanth) as also other evidence on record, convicted the appellant for the offence of murder and sentenced him to life imprisonment as also fine of Rs. 5,000/-, in default, R.I. for two years. The co-accused Habibkhan was acquitted of the charge. The appellant who was in Jail since 1-5-1995 i.e. the date of commission of the offence, was given benefit of set off under Section 428 of Cr.P.C.2. The prosecution case, in brief, is that some days before the incident in question, there was exchange of words between the appellant and deceased Ataullakhan on account of construction of w...
Shri Gopaldas Jankiram Dahad Vs. the State of Maharashtra,
Court: Mumbai
Decided on: Oct-04-2002
Reported in: 2003(3)MhLj551
B.H. Marlapalle, J.1. In this petition filed under Articles 226 and 227 of the Constitution, the petitioner has called in question the judgment and order dated 20.7.2000 by which Misc. Application No. 563/98, Contempt Petition No. 6/99 and Misc. Application No. 71/2000 filed in Transfer Application No. 1046/91 ( Writ petition No. 840/94 as well as O.A. No. 495/97 Misc. Application No. 199/98 and Contempt Petition No. 33/1999, came to be decided by the Maharashtra Administrative Tribunal.2. The cause of this petition has a checkered history and it is, therefore, necessary to deal with the factual matrix in detail for better appreciation of the inter-se disputes challenging the orders passed by the State Government through ofs Home Department, and which were a subject matter of challenge before the Maharashtra Administrative Tribunal.3. The petitioner came to be appointed as Assistant Chemical Analyser in the Forensic Science Laboratory, Mumbai on 7.6.1974. The post of Assistant Chemical...
Commissioner, Solapur Municipal Corporation Vs. P.U. Chakote and ors.
Court: Mumbai
Decided on: Oct-04-2002
Reported in: 2003(1)ALLMR32; 2003(1)BomCR1; 2003(1)MhLj242
A.M. Khanwilkar, J. 1. This writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the Appellate Officer, Maharashtra Slum Tribunal, Bombay dated 21-11-1989 in Appeal No. 24 of 1987. The property in question is T.P. No. P.P. No. 87-8-71/2 and 3 Solapur. This property was declared as a slum area along with other properties pursuant to the declaration dated 12-5-1987 and as published in Government publication on 20-8-1987. The respondent Nos. 1 and 2 challenged that declaration insofar as it pertains to the above said property. The challenge to that declaration was negatived by the Tribunal on all other counts except that principles of natural justice were not observed qua the respondent Nos. 1 and 2 herein. Inasmuch as the printed notice served upon them did not indicate the number of huts, population and particular requirement in the property. This is the only reason which has weighed with the Tribunal to allow the appeal in favour of the ...
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