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2021 Supreme(Bom) 836

G.S.KULKARNI
State of Maharashtra – Appellant
Versus
State Of Maharashta – Respondent


Advocates appeared:
Mr. Anil Anturkar, Senior Advocate A/W. Mr. Prathamesh Bhargude, Mr. Ranjit Shinde And Ms. Jyoti Chavan, Agp And Mr.S.B.Gore, for the Appellant / Mr. Aspi Chinoy, Senior Advocate A/W. Mr.Prasad Dhakephalkar, Senior Advocate A/W. Mr. Cheerag Balsara, Srinivas Bobde, Kartikeya Desai, Mr. Asadali Mazgaonwala I/B. Kartikeya & Associates, for the Respondent.

Table of Content
1. factual basis of review petition. (Para 1)
2. arguments regarding authority in consent terms. (Para 21 , 22 , 23)
3. court's analysis on authority and consent. (Para 35 , 36 , 56)
4. review petition dismissed without costs. (Para 66)

JUDGMENT

1. The review petitioner is the State of Maharashtra (for short "the State"), who is the original respondent (award debtor) in Commercial Execution Application No.310 of 2019, filed by the respondent-Manaj Tollway Private Limited (for short, "Manaj") (award creditor).

2. The State has prayed for review of the consent order passed by this Court on 12 December 2019, on the commercial execution application, which reads thus:-

" Learned Senior Counsel for the parties have tendered Consent Terms executed between the applicant and respondent-the State of Maharashtra through its Secretary, Public Works Department. The parties have agreed that the award stands satisfied in the manner as agreed in the Consent Terms. The Consent Terms are signed on behalf of the applicant by Mr.Navin Ajvani, Managing Director who has authorized by the Board Res

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