ASN 1 CAI-82.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.82 OF 2011 IN PUBLIC INTEREST LITIGATION NO.20 OF 2006 The Sanjivani (Takli) Sahakari Sakhar Karkhana Ltd. ..Applicant. Vs. Ashok N. Kulkarni and ors. ..Respondents. Mrs. Pramod Patil for the Applicant. Mr. Ashok N. Kulkarni for original petitioner in person in PIL No. 20/2006. Mr. S.R.Nargolkar,Addl. G.P. For Respondent State. Mr.Sanjay Aradhye for Applicant in CAT No.28/2008 and 30/2008. Mr. S.P. Kadam forApplicant in CAI No.1239/2009. Mr. V.B.Joshi for Applicant in CA No.34/2011. Mrs.N.V. Masurkar for Respondent No.3 in PIL No.20/2006. CORAM : MOHIT S. SHAH, C. J. AND D. G. KARNIK, J. Tuesday, 3rd May, 2011 PC: The applicant Sanjivani (Takli) Sahakari Sakhar Karkhana Ltd. has prayed for clarification that this Court’s order dated 14th March, 2011 passed in the above PIL does not apply to the co-generation projects under taken by the applicant sugar factory. The applicant has also prayed for directions to the Commissioner of Sugar and the State of Maharashtra to process all the applications or the proposals of the applicant Karkhana for purchases of machinery and other miscellaneous and ancillary items for co-generation projects in accordance with the ASN 2 CAI-82.sxw policy laid down by the respondent State. 2 The reasons for granting injunction on 14th March, 2011 are set out in the order. However, the applicant’s apprehension is in respect of Paragraph 3 of the said order. The applicant as well as the learned Additional Government Pleader Mr. Nargolkar state that it is only when Co-operative Sugar Factory is in the red, the question of safeguards will apply and there should not be any impediment to existing sugar factory and not in red for co-generation of the electricity. 3 In view of the above statement, we clarify our order dated 14th March, 2011 in PIL No.20/2006 that the same would not apply to the co-generation projects undertaken by sugar factories which are not making losses. 4 Civil Application is accordingly, stands disposed of. CHIEF JUSTICE D.G. KARNIK, J.