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Order - Status 5: SALUNKE J V Digitally signed by SALUNKE J V Date: 2023.01.13 17:42:56 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 4 OF 2020 WITH INTERIM APPLICATION NO. 17167 OF 2022 Sunil Tukaram Jagtap } Petitioner Versus Sanjay Krishnarao Taksande } and Ors. } Respondents Ms. Radhali Kadam with Mr. S. S. Kulkarni for the petitioner. Mr. A. R. Gole for respondent no. 1. Mr. Hrishikesh Chavan for respondent no. 2. Mr. P. P. Kakade, Government Pleader with Mr. M. M. Pabale, AGP for State. Mr. Anil Sakhare, Senior Advocate with Mr. Kiran Gandhi i/b. Little and Co. for respondent no. 4. Mr. Aditya A. Joshi i/b. Mr. Abhijeet A. Joshi for respondents 5 and 6 (MSETCL). CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J. DATE: JANUARY 13, 2023 P.C.: 1. The learned advocate for respondent no. 2 seeks time to file affidavit in reply to the interim application. The reply shall be filed within one week from today. 2. Place the matter on 1st February 2023. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) 1
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.4 OF 2020 WITH INTERIM APPLICATION NO.17167 OF 2022 IN PUBLIC INTEREST LITIGATION NO.4 OF 2020 Sunil Tukaram Jagtap ....Petitioner/Applicant V/S Sanjay Krishnarao Taksande & Ors. ....Respondents … Mr. Shriram S. Kulkarni for the Petitioner/Applicant. Mr. G.S. Godbole a/w Mr. A.R. Gole for Respondent No.1. Mr. Hrishikesh Chavan for Respondent No.2-MSEB. Mr. Anil Sakhare, Senior Advocate and Mr. Kiran Gavellkar i/b M/s. Little & Co. for Respondent No.4-MSEDCL. Mr. P.P. Kakade, GP a/w Mr. M.M. Pabale, AGP for Respondent Nos.3 and 7-State. … Mr. Abhijit Joshi for Respondent Nos.5 and 6-MSETCL. CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J. DATE : 1st FEBRUARY 2023. P.C.: 1 We have heard the learned Advocate for the Petitioner/Applicant and the learned Advocates for the respective Respondents. 2 The learned Advocate for the Petitioner submits that the Petitioner has filed Interim Application for amendment in view of the subsequent development. He submits that the Petitioner had challenged the appointment of Respondent No.1 initially with Respondent No.5. The tenure of Respondent No.1 with Respondent No.5 is over. Fresh selection process was conducted by Respondent No.4 in which Respondent No.1 is selected as Director (Operations). The same is also against the rules. The rules require that a person with impeccable past history can be considered. The Respondent No.1 does not fit into it. 3 The learned Advocate for the Respondent submits that the fresh appointment is by another employer, the cause of action of the Writ Petition now does not subsist. In view of that in a Writ Petition, for which the cause of action does subsist, amendment may not be allowed. 4 It is not disputed by the learned Advocate for the Petitioner that when the PIL was filed Petitioner was seeking writ of quo warranto qua appointment of Respondent No.1 by Respondent No.5. The tenure of Respondent No.1 with Respondent No.5 is over. Respondent No.4 conducted fresh selection process and has selected Respondent No.1 as Director (Operations). The same would be a completely fresh cause of action as the employer and the designation has changed. 5 In light of above, as the relief in the original Writ Petition itself has become infructuous, it would be improper to consider the present 2/3 Application for amendment. It is for the Petitioner to take appropriate steps by filing proceedings as may be maintainable. 6 In light of above, the PIL and Interim Application stands disposed of. The Petitioner may take proceedings as may be permissible under law. In that event all contentions of the Petitioner as well as respective Respondents are kept open. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) SUDARSHAN RAJALINGAM KATKAM Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date: 2023.02.04 10:27:34 +0530
1) Document Filed: Affidavit
Filed By : R No 4
Advocate: Little And Company
Filed Document - Date of Receiving - 1: 08/09/2022
2) Document Filed: Affidavit
Filed By : Sanjay Krishnarao Taksande, Regional Director , Mah. State Electricity Distribution Co. Ltd. And Or
Advocate: A R Gole
Filed Document - Date of Receiving - 2: 28/09/2022
3) Document Filed: Affidavit
Filed By : Resp No. 2
Advocate: Hrishikesh Ravindra Chavan
Filed Document - Date of Receiving - 3: 17/01/2023
Respondent-1: Sanjay Krishnarao Taksande
Respondent-2: Regional Director
Respondent-3: Mah. State Electricity Distribution Co. Ltd.
Respondent-4: Or
Petitioner-1: Sunil Tukaram Jagtap
Sovereign Tech Engineering Services Pvt Ltd vs. Maharashtra Industrial Development Corporation(Midc)
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3736 OF 2021 M/s.Sovereign Tech } Engineering Services Private } Limited and Anr. } Petitioner versus Maharashtra Industrial } Development Corporation } and Ors. } Respondents Mr.P.S.Dani-Senior Advocate i/b. Mr.E.A.Sasi for the petitioner. Mr.B.V.Samant-AGP for respondent nos. 4 to 8 (State). Mr.Jitendra jagtap for respondent no.9. CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J. DATE :- AUGUST 5, 2021 PC :- 1. Issue notice to the respondents, returnable on 2nd September 2021. Mr.Samant, learned AGP waives notice for respondent nos. 4 to 8 and Mr.Jagtap, learned advocate waives notice for respondent no.9. 2. Reply affidavit may be filed by the respondents within 3 (three) weeks; rejoinder thereto, if any, may be filed by 1 (one) week thereafter. SALUNKE J V Digitally signed by SALUNKE J V Date: 2021.08.06 10:48:04 +0530 (G. S. KULKARNI, J.) (CHIEF JUSTICE)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISIDICTION WRIT PETITION NO. 3736 OF 2021 M/s. Sovereign Tech Engineering Services Pvt. Ltd. & Anr. .. Petitioners Vs. Maharashtra Industrial Development Corporation (MIDC) & Ors. .. Respondents Ms. Meghna Khatri i/by Mr. E. A. Sasi for petitioners. Ms. Tanvi Doshi i/by Little & Co. for respondent nos.1 to 3 (MIDC). Mr. B. V. Samant, AGP for respondent nos.4 to 8-State. Mr. Jitendra P. Jagtap for respondent no.9. Mr. R. V. Govilkar a/w Mr. Anil D. Yadav for respondent nos.10 & 11. C0RAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J. DATE : SEPTEMBER 9, 2021 PC : Registry to verify and place the writ petition before the appropriate Bench. (M. S. KARNIK, J.) (CHIEF JUSTICE) PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2021.09.09 19:58:31 +0530
1) Document Filed: Vakalatnama
Filed By : Respondent No. 4 To 8
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 1: 23/03/2021
2) Document Filed: Vakalatnama
Filed By : Maharashtra Pollution Control Board
Advocate: Jagtap Jitendra Popatrao
Filed Document - Date of Receiving - 2: 26/07/2021
3) Document Filed: Report
Filed By : M/S Sovereign Tech Engineering Services Pvt Ltd And Anr
Advocate: E.A.Sasi
Filed Document - Date of Receiving - 3: 06/08/2021
4) Document Filed: Vakalatnama
Filed By : Maharashtra Industrial Development Corporation(Midc) And Ors
Advocate: Little And Company
Filed Document - Date of Receiving - 4: 09/09/2021
Respondent-1: Maharashtra Industrial Development Corporation(midc)
Respondent-2: Ors
Petitioner-1: Sovereign Tech Engineering Services Pvt Ltd
Petitioner-2: Anr