SHEELA CHOWGULE Vs. VIJAY V. CHOWGULE

JUDGEMENT

(1.) The learned Single Judge was not in agreement with the view taken by another learned Single Judge in Mormugao Port Trust vs. Ganesh Benzoplast Ltd.[Writ Petition No.3/2020 decided on 15/1/2020] and as the same was contrary to the decision of this Court in K.I.P.L. Vistacore Infra Projects J. V. Municipal Corporation of the city of Ichalkaranji,2024 SCC Online Bom 327. and hence thought it fit to refer the matter to a larger bench. The reference is made on the following questions :

(2.) Shri Parag Rao, learned Counsel for the respondents submitted that it may now not be necessary to answer the reference in view of the decision of the Supreme Court in Chief Engineer (NH) PWD (Roads) vs. M/s. BSC and C and C JV,2024 SCC OnLine SC 1801. It is submitted that after the decision in Chief Engineer (NH) PWD (Roads) (supra) was brought to the notice of the learned Judge who had made the reference, the learned Judge in Marcelina Fernandes and Ors. vs. Green Valley Realtors,2024 SCC Online Bom 2028. held that in view of the observations of the Supreme Court, the Principal Civil Court of original jurisdiction in the district is the Court of Principal District Judge, South Goa, Margao. Shri Rao, therefore submitted that the issued is now well settled.

(3.) On a reading of the decision of the Supreme Court in Chief Engineer (NH) PWD (Roads) (supra), we did carry an impression that the reference could be answered in terms of the Supreme Court's order as it seems squarely covered by such decision. We find it apposite to reproduce the order in Chief Engineer (NH) PWD (Roads) (supra), which reads thus :