- 1 - 912-cas-1334-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1334 OF 2011 IN SECOND APPEAL NO.553 OF 2011 M/s. Mahindra Ugine Steel Company Ltd. .. Applicant. V/s. The State of Maharashtra .. Respondent. Mr. Vaibhav A. Sugdare, for the Applicant. Ms. V. S. Mhaispurkar, AGP for Respondent. CORAM: G.S.GODBOLE,J. DATE : 20th OCTOBER, 2011. P.C:- 1 By separate order passed on 18th October, 2011, Second Appeal has been admitted. The main question involved in the Second Appeal is whether the Appellant falls in the category 3-B or 4-B. Depending upon the category, there is a monetary claim of the State Government as against Appellant. In respect of the said monetary claim and particularly when the agreement executed at Exhibit-50 dated 31st March, 1989, admittedly came to an end on 31st March, 2001 and in view - 2 - 912-cas-1334-2011 of the fact that no challenge was made to the subsequent increase from the year 1998-1999 pursuant to the GR dated 1st July, 1998 where amount of water rate was increased by three times, no case is made out for granting blanket injunction. In so far as prayer clause (d) is concerned, operation of the order allowing Appeal of State and dismissing the suit of the Applicant cannot be stayed, since there is no executable decree against Applicant. In so far as prayer for injunction is concerned, a blanket injunction cannot be granted in respect of a monetary claim. The arrears as on 31st March, 2001 when the agreement in question came to an end, are to the tune of Rs.2,87,90,991/-. If the Applicant wants protection in the nature of injunction against recovery of the said water charges, then Applicant will have to be directed to deposit the entire amount in this Court which will be invested in a Nationalized Bank earning maximum interest. 2 However, it is necessary to clarify that no injunction whatsoever will operate in respect of all the demands for the period subsequent to 1st April, 2001 since the suit is based on an agreement which has come to an end on 31st March, 2001. 3 Hence, I pass the following order:- - 3 - 912-cas-1334-2011 (i) Relief in terms of prayer clause (d) is rejected. Injunction in terms of prayer clauses (b) and (c) is granted, subject to the condition that the Applicant shall deposit a sum of Rs. 2,87,90,991/- in this Court within eight weeks from today i.e. on or before 8th December, 2011. (ii) If the amount is not deposited, injunction will be vacated without further reference to the Court. Since very long time is granted, at the out set, no further extension will be granted. (iii) It is clarified that this injunction is only in respect of the difference in the water charges till 31st March, 2001 and no injunction has been granted in any manner whatsoever in respect of the arrears of water charges w.e.f. 1st April, 2001 and the Respondent will be at liberty to adopt such proceedings for recovery of arrears of water charges after 1st April, 2001 as are permissible under the applicable law. (iv) All the contentions of the Applicant in case Respondent adopt any such appropriate remedy/ proceedings, are kept open. (v) Rule made partly absolute with no order as to costs. (G.S.GODBOLE,J.)