Ajwani Infrastructure Private Limited v. The Maharashtra Industrial Development Corporation

914 CP3-24.DOC Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.01.06 13:21:56 +0530 TRUSHA TUSHAR MOHITE CONTEMPT PETITION NO.3 OF 2024 Ajwani Infrastructure Private Limited & Anr.

... Petitioners

Versus

The Maharashtra Industrial Development Corporation & Ors.

...Respondents

Mr.Dinyar Madon, Senior Advocate, Mr.Cyrus Ardeshir, Mr.Munaf Virjee and Mr.Rushabh Parekh i/b M/s.AMR Law for the Petitioners Mr.Kunal Damle a/w Ms.Shraddha Dubepatil i/b M/s.Jay and Co. for the Respondents _______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

3 January, 2024 _______________________ P.C.

1.

This Contempt Petition is filed complaining of breach of the interim order dated 2nd December 2022 passed by the coordinate bench of this Court wherein in paragraph 9, the Court while adjourning the proceedings ordered that till the adjourned date of hearing, further steps pursuant to the impugned notice would not be taken by the Respondents. On behalf of the Petitioners, it is stated that the said order had continued to operate at all the relevant times. The contention of the Petitioners is to the effect that, despite such order, the MIDC attempted to disturb the status quo in regard to the plots in question, as allotted to the Petitioner and subject matter of lease dated 10th August 2017. 2.

The learned counsel for the MIDC has appeared, on Petitioners' notice. He has placed on record a plan, a copy of which is also handed over to the learned Senior Counsel for the Petitioners, wherein plots which are leased to the Petitioners are marked in red. It is his submission that the adjoining plot, 3 January, 2024

914 CP3-24.DOC which is marked in green, was encroached upon by the Petitioners in regard to which action is being taken by the MIDC. He submits that, in regard to the plots which are the subject matter of the lease, the status quo has not been disturbed in any manner so as to breach the ad interim orders passed by the Court. We have taken on record a copy of the plan, as tendered on behalf of the MIDC, which is marked 'X' for identification. We accept the statement made on behalf of MIDC that the status quo in respect of the petitioner's plot has not been disturbed and that the orders passed by this Court shall be continued to be abided by the MIDC. In view of the stand taken on behalf of MIDC, in our opinion, the Contempt Petition would not require further adjudication.

3.

Contempt Petition is accordingly disposed of in terms of the above observations.

4.

All contention of the parties are expressly kept open. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 3 January, 2024