Sigmalon Equipment Pvt. Ltd. And ANR. v. Maharashtra Industrial Development Corporation

07-caw-277-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 277 OF 2019 IN WRIT PETITION NO. 12157 OF 2012 Sigmalon Equipment Pvt. Ltd. & Anr.

..Applicants.

IN THE MATTER BETWEEN

Sigmalon Equipment Pvt. Ltd. & Anr.

..Petitioners

Versus

Maharashtra Industrial Development Corporation ..Respondent.

__________ Mr. Girish Godbole a/w. Mr. Parikshit Barpujari a/w. Ms. Poorva Garg i/b. M/s. Mulla & Mulla CBC, for Applicants. Mr. G. S. Hegde a/w. C. M.Lokeshappa i/b. A. R. Bhole & Co. for Respondent No.1.

__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 27th November, 2019.

PC :

1.

Heard the learned Counsel for the parties.

2.

Learned Counsel Mr. Hegde appearing on behalf of the respondent submit that, as per earlier order dated 04/11/2019, they have already filed reply with the Registry. Advocate for the respondent has tendered letter dt.27/11/2019 issued by the Maharashtra Industrial Development Corporation giving statement of sub-letting V.B.Gokhale 1/2

07-caw-277-19 charges including GST for the period from 01/10/2017 till 30/09/2019. The same is taken on record and marked ' X' for identification. Learned Counsel for the respondent submits that, this letter is to be treated as a demand notice for the payment of sub-letting charges. He handed over the copy of the same to the advocate for the applicant.

3.

Learned Counsel for the applicant submit that, the applicant undertakes to pay the said amount of Rs.2,19,85,957/- to the respondent on or before 31/12/2019. The statement is accepted.

4.

Advocate Mr. Hegde appearing on behalf of the respondent submits that, henceforth respondents will issue the demand notice to the applicant in respect of sub-letting charges, in respect of the suit property, within time. 5.

In view of the statement made by the learned Counsel for the respondent, if such demand notice is issued, the applicant to pay said amount within four weeks from the receipt of said demand notice.

6.

In view of these facts and with these directions, nothing survives in the present Civil Application. 7.

Civil Application is disposed of with these directions. No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) ----- V.B.Gokhale 2/2