Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 35391 (BOM)

AIR WING ENGINEERING, THR. ITS SOLE PROPRIETOR MOHANCHANDRA MURALIDHAR SAMANT v. STATE OF GOA, THR. CHIEF SECRETARY, GOVT. OF GOA AND 8 ORS.,

MCA/183/2025 · 2025-09-15

Shri Ashish S Chavan, Smt Bharati Dangre

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

MCA 183 of 2025 Esha IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO.183 OF 2025 IN PUBLIC INTEREST LITIGATION (SUO MOTU) NO.2 OF 2015 AIR WING ENGINEERING, THR. ITS SOLE PROPRIETOR MOHANCHANDRA MURALIDHAR SAMANT ... APPLICANT Versus STATE OF GOA, THR. CHIEF SECRETARY, GOVT. OF GOA AND 8 ORS., ... RESPONDENTS Mr. Sagar Sarmalker, Advocate for the Applicant. Mr. Vithal Naik, Advocate holding for Ms. Neha Shirodkar, Amicus. Mr. Manish Salkar, Government Advocate for Respondent No. 1. CORAM:- BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED :- 15th September, 2025 P.C: Mr. Salkar has placed before us the calculation of the GST difference of an additional 10% on account of Items Nos. 1 and 2, as stated in the Application and he has bifurcated his submission as regards the two works. Regarding the work of supply, installation, testing and commissioning of two air conditioners and split air conditioners in the Court building at Vasco, Mr. Salkar has placed before us the computation, which includes the calculation of the GST difference of 15th September, 2025 2025:BHC-GOA:1723-DB MCA 183 of 2025 an additional 10%, being levied with 18% GST instead of 28% GST, and based upon the self-calculation, he would submit that the contractor deserve refund of the amount and in this case, he submits that an amount of Rs.2,50,000.00 is deposited in this Court. It is a specific statement of Mr. Salkar that, out of this amount, Rs. 1,16,302 is the amount payable to the contractor and therefore, out of the total amount deposited in this Court, he may be permitted to withdraw this amount of Rs.1,16,302.00, upon the directions being issued to the Registry to that effect. As far as the balance amount of Rs. 1,33,698.00 is concerned, that is to be refunded to the Government of Goa and we direct the Registry to ensure compliance within one week from today. 2. As far as the work in respect to supply, installation, testing and commissioning of tower air conditioners and speed air conditioners in Civil and Criminal Courts at Margao, Goa is concerned, out of the very same amount, which was deposited in the Court, Mr. Salkar would submit that the contractor has already withdrawn a sum of Rs.2,32,984.00 and therefore, the balance amount of Rs. 17,016.00 shall be permitted to be withdrawn by the State Government as the amount belongs to the State. We direct this compliance also to be ensured within a period of one week from today. 3. In the wake of the aforesaid statement coming from Mr. Salkar, 15th September, 2025 MCA 183 of 2025 Miscellaneous Civil Application No. 183 of 2025 is disposed of. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. 15th September, 2025 Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 16/09/2025 18:56:01