G.S.KULKARNI
State of Maharashtra – Appellant
Versus
State Of Maharashta – 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
Asharafi Devi (D) Thr. Lrs. vs. State of U.P. (2019) 5 SCC 86
Badrinath vs. Government of Tamil Nadu and Ors. (2000)8 SCC 395
Bal Kalyani And Others vs. State of Maharashtra And Others
Dadu Dayal Mahasabha vs. Sukhdev Arya & Anr
Dadu Dayal Mahasabha vs. Sukhdev Arya & Anr
Gokulananda Roy vs. Tarapada Mukharjee & Ors. (AIR 1973 CAL 233
Horace Kevin Gonsalves vs. Prabha Ganpat Borkar (Miss) & Anr. 2015(6) MhLJ 208
M.M. Thomas vs. State of Kerala and Another
M/S. M.R.F. Ltd vs. Manohar Parrikar & Ors.
Municipal Corporation of Gr.Mumbai & Anr. vs. Pratibha Industries Ltd. & Ors. (2019)3 SCC 203
Municipal Corporation of Gr.Mumbai & Anr. vs. Pratibha Industries Ltd. & Ors. (2019)3 SCC 203
N.Mani vs. Sangeetha Theatre & Ors. (2004) 12 SCC 278
N.Mani vs. Sangeetha Theatre & Ors. (2004)12 SCC 278
Naresh Shridhar Mirajkar & Ors. vs. State of Maharashtra
Parsion Devi & Ors. vs. Sumitri Devi & Ors. (1997)8 SCC 715
Shivdev Singh & Ors. vs. State of Punjab and Others
Union of India vs. Sandur Manganese & Iron Ores Ltd. & Ors.
Y. Sleebachen and others vs. State of Tamil Nadu and another
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.