Bombay High Court

MAHA INDUSTRIAL DEVELOPMENT CORPORATIONversusDATTARAM VIKRAM SUGAVE and ORS

Disposal: DISMISSED

Holding

The appeal is dismissed and the matter is disposed of in terms of the earlier judgment in FA Nos. 348/2003.

Summary

Maha Industrial Development Corporation appealed against Dattaram Vikram Sugave and others, seeking relief from a Civil Judge's award dated 2.1.2004. The appellant's counsel submitted that the dispute was identical to that decided in FA Nos. 348/2003 (Maharashtra Industrial Development Corporation v. Sambhaji Mahadji Dhage & Ors.) and urged disposal in accordance with that judgment. The respondent's Attorney General concurred with this position. The Court, after accepting the admitted identical nature of the controversies, found no reason to depart from the earlier precedent. Consequently, the appeal was dismissed and any related civil application was disposed of, with no costs awarded.

Issues considered

Whether the controversy in the present appeal is identical to that decided in FA Nos. 348/2003 and can be disposed of by reference to that judgment

Subjects

appeal
precedent
civil procedure
industrial development corporation
judgment by reference

Judgment

2026:BHC-AUG:40592

                                                                            FA 3028/08
                                                  1

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                16 FIRST APPEAL NO. 3028 OF 2008

                           MAHA INDUSTRIAL DEVELOPMENT CORPORATION
                                              VERSUS
                               DATTARAM VIKRAM SUGAVE AND ORS
                                                 ...
                               Advocate for Appellant : Mr. S.S. Dande
                             AGP for Respondent/State : Mr. A.D. Wange
                                                 ...

                                       CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                       Dated       : August 31, 2026

            PER COURT :-

            1.       Heard the learned counsel for the acquiring body and the learned

            AGP for State. None appears for respondent/claimant.


            2.       The present appeal arises out of the Judgment and Award dated

            2.1.2004 passed by the learned Civil Judge, Senior Division, Biloli in LAR

            No. 42/1998.


            3.       Mr. S.S. Dande, learned counsel for the appellant has tendered

            across the Bar a copy of the judgment and order dated 10.2.2014 passed

            by this Court in FA Nos. 348/2003 (Maharashtra Industrial Development

            Corporation Vs. Sambhaji Mahadji Dhage & Ors.) and other connected

            matters. He, therefore, submits that the controversy involved in the present

            appeal is squarely covered by the judgment and order passed by this Court

            in FA Nos. 348/2003 (supra), and consequently, the present appeal

            deserves to be disposed of in terms thereof. The learned A.G.P. appearing

            for respondent/State fairly concedes the aforesaid position.


            4.       Having considered the submissions advanced by the learned counsel
                                                                 FA 3028/08
                                        2

for the respective parties, and in view of the admitted position that the

controversy involved in the present appeal is identical to the one decided by

this Court in FA Nos. 348/2003 (supra), I see no reason to take a different

view. The present appeal, therefore, deserves to be disposed of in terms of

the said judgment and order. Hence, the following order:


                                   ORDER

(i)     The appeal is dismissed.

(ii)    Civil application, if any, stands disposed of.

(iii)   No costs.



                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

Continue reading with your account

Checking your session…