Bombay High Court Dhule Municipal Corporation Through ... vs Microvision Technologies Through Its ... on 18 August, 2021 wp10764.15 1 BENCH AT AURANGABAD WRIT PETITION NO. 10764 OF 2015 Dhule Municipal Corporation, Through its Commissioner, C/o. Dhule Municipal Corporation ...Petitioner Dhule, Taluka and District Dhule (Ori. Respondent) versus 1. Microvision Technologies Through its Proprietor Shri Atul Nemichand Dhadiwal, Age 39 years, Occ. Business R/o. 9, Suraj Enclave, B/h Thomas Cook, Near ABB Circle, Mahatma Nagar, Nashik District Nashik (Ori. Applicant) 2. The State of Maharashtra Through the Secretary, Commerce, Energy and Labour Department, Mantralaya Mumbai. (Copies to be served on the Government Pleader, High Court at Aurangabad) ...Respondents ..... Mr. Amol S. Sawant, advocate for the petitioner Mr. A. S. Bajaj, advocate for respondent No.1 Mr. S. B. Pulkundwar, A.G.P. for respondent No.2State ..... CORAM : V. K. JADHAV, J. Date of Reserving the Judgment :29.04.2021 Date of pronouncing the Judgment : 18.08.2021 JUDGMENT : 1. Rule. Rule returnable forthwith. By consent of the parties, ::: Uploaded on 21/08/2021 ::: Downloaded on 08/10/2021 00:38:30 ::: wp10764.15 2 heard finally at admission stage. 2. By this writ petition, the petitioner Dhule Municipal Corporation (hereinafter for the sake of brevity referred to as the "Corporation") is challenging the legality, validity and propriety of the judgment and award dated 13.2.2015 passed by the Micro and Small Enterprise Facilitation Council in petition No. 8 of 2011 whereby the petitioner is directed to pay Rs.3,40,804/ alongwith compound interest towards 59th bill for operation period 7.4.2011 till the realization of the decreetal amount and Rs.3,60,034/ alongwith compound interest towards 60th bill for operation period 1.6.2011 till the realization of the decreetal amount to the present respondent No.1Microvision Technologies (hereinafter for the sake of brevity referred to as the "Enterprise"). 3. Brief facts giving rise to the present writ petition are as follows: a) Respondent No.1Enterprise claims to be the registered micro enterprise name and style as Microvision Technologies and it provides various engineering services in electronics and electrical field. The petitioner Corporation had invited tender for installation and operation of the energy saving units within the limits of Dhule city from the point of view of saving energy, maximum utility of the resources and for maintenance of ecological balance. It ::: Uploaded on 21/08/2021 ::: Downloaded on 08/10/2021 00:38:30 ::: wp10764.15 3 was also with a view to save the Government exchequer by minimizing electricity bill of the streetlights. b) On 11.10.2005, the petitioner Corporation and respondent No.1 Enterprise entered into an agreement. In terms of the said agreement, respondent No.1 Enterprise was to install solar panels/energy saving units (89 in numbers) in the city of Dhule. The said contract was to operate for a period of five years. In terms of the said contract, the profit earned by the Corporation due to saving of electricity was to be distributed in the ratio of 48% to respondent No.1 Enterprise and 52% to the petitioner Corporation. In terms of the said agreement, respondent No.1 Enterprise was allotted the work of installation of energy saving panels on Built, Own, Operate and Transfer (BOT) basis for a period of five years i.e. 60 months from the date of contract agreement i.e. from 11.10.2005. Pursuant to t