Union of India v. M/S Mahesh Enterprises

ORDER Date : 18-03-2024 This is an application seeking review of the order dated 14.09.2022 passed in I.A.(Civil)/256/2022 whereby this Court stayed the impugned judgment and order dated 23.04.2021/30.06.2021 passed in O.A.-III-127/2014 subject to deposit of 50% of the decreetal amount along with interest within 6 Page No.# 2/2

(six) weeks from the date of the order before the Registry of this Court. Further to that this Court vide the said order gave liberty to the claimant to withdraw the said amount by filing appropriate application along with an indemnity bond.

¶2The learned counsel appearing on behalf of the applicant submits that in view of the judgment passed in Division bench of this Court in the case of Commissioner-Cum-Secretary (Power) & ors. Vs. M/S Shaman Enterprises reported in 2010 (3) GLT 126, this Court is required to review the said order.

¶3This Court have duly taken note of the recent judgment of the Supreme Court in the case of Pam Developments Private Limited Vs. The State of West Bengal reported in 2019 (8) SCC 112 and is of the opinion that the instant application seeking review is totally misconceived, for which this review application stands dismissed. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010210662022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./178/2022 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, NF RAILWAY, MALIGAON, GUWAHATI 11 VERSUS M/S MAHESH ENTERPRISES SHANTI SADAN, 4TH FLOOR, ROOM NO. 404, AT ROAD, GUWAHATI 781001, DIST KAMRUP M ASSAM Advocate for the Petitioner : MRS. UMA CHAKRABORTY Advocate for the Respondent : MR. K P MAHESWARI BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH