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2017 DAILYLAW 2740 (BOM)

M/S KALPATARU GINNING AND PRESSING COMPANY PVT LTD THROUGH ITS DIRECTOR J A KASAVA v. THE STATE OF MAHARASHTRA AND OTHERS

WP/6044/2017 · 2026-03-04

Shri Siddheshwar Sundarrao Thombre

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Judgment text

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55 WP No.6044.2017 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6044 OF 2017 M/S KALPATARU GINNING AND PRESSING COMPANY PVT LTD THROUGH ITS DIRECTOR J A KASAVA VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Vijay B. Patil AGP for Respondents-State : Mr. A. D. Wange Advocate for Respondent No. 3 : Mr. S. K. Chavan ... CORAM : SIDDHESHWAR S. THOMBRE, J. Date : 4th March, 2026 PER COURT :- 1. Heard the learned counsel for respective sides. 2. The learned counsel for the petitioner has tendered an affidavit-in-reply alongwith the receipts, which have now been placed on record. Perusal of the impugned order reveals that the Authority previously allowed the application filed by the APMC primarily on the grounds that no receipts or supporting documents had been produced during those proceedings. 3. In light of the fact that the petitioner has now submitted these documents, both counsels have reached a consensus that the 2026:BHC-AUG:10000 55 WP No.6044.2017 -2- matter should be remitted back to the Authority for verifying these receipt. 4. Accordingly, the order passed by the concerned Authority is hereby quashed and set aside. The petitioner is at liberty to produce the relevant receipts and documents before the Authority for its consideration. 5. The Authority is directed to re-examine the application, ensuring that both the petitioner and the APMC are provided a fair opportunity to be heard and the Authority shall decide the matter in accordance with the law. 6. With aforesaid directions, this writ petition is disposed of. (SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi