(1.) I have had the privilege of going through the erudite judgment of my learned brother Mr.Justice V.M.Kanade. Having deliberated over the arguments advanced by the learned Counsel for contesting parties in the light of the statutory provisions and authoritative pronouncement of the Supreme Court, I deeply regret my inability to persuade myself to share the view of my learned brother. Hence, this Judgment.
(2.) RULE . Rule is made returnable forthwith. By consent of parties , heard finally.
(3.) THE facts relevant for adjudication of dispute in the present proceedings are as under: -