1 appl666.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 666 OF 2010 IN JUDGES ORDER NO. 236 OF 2010 IN PETITION NO. 761 OF 2010 M/s. Technotrade Impex India Pvt. Ltd. ....Appellants. Vs. The State of Maharashtra & Anr. ....Respondents. Mr. Ashok M. Saraogi with Ms. Seema Gupta for the Appellants. Mr. R.R. Bhosale, AGP for the State. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : NOVEMBER 29, 2010 P.C.: The Appellants moved a Judges Order before the learned Single Judge for leave to institute a suit without serving notice on the State of Maharashtra. The learned Single Judge declined to accede to the prayer and refused to grant leave under Section 80 (2) of the Code of Civil Procedure, 1908. The suit which has been instituted by the Appellant is for specific performance of a purchase order of 31 March 2009 issued by the State Government for taking delivery of a total 2 appl666.10.sxw ssm containment vehicle against the payment of a sum of Rs.8.14 crores. Prior to the institution of the suit, the Appellant had filed a Writ Petition under Article 226 of the Constitution, seeking similar reliefs. The Petition was disposed of on 6 September 2010 by a Division Bench on the ground that the reliefs could not be considered in writ jurisdiction and the Appellant would be at liberty to pursue his remedy in a suit. It is common ground that in the earlier proceeding, pleadings were complete and a reply was filed by the Government on merits. 2 In this view of the matter, the purpose for which a notice is required to be issued under Section 80 was in substance fulfilled. Having regard to this aspect, which has not been noticed by the learned Judge in the impugned order, we allow the Appeal and set aside the order dated 23 September 2010 declining to grant leave. Leave under Section 80(2) of the Code of Civil Procedure, 1908 to institute a suit without prior notice to the State Government , in terms as prayed in the Judges Order is accordingly, granted. The Appeal is accordingly disposed of. No order as to costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)