The Secretary To Govt. , Public Works Dept. , Mantralaya And ANR v. Ashoka Infrastructure Pvt. Ltd.

19.417.19-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.417/2019 IN WRIT PETITION NO.12913/2018 The Secretary to Government, PWD, Mantralaya, Mumbai ... Applicant V/s.

Ashok Infrastructure Pvt. Ltd.

... Respondent Mr. A. B. Vagyani, Government Pleader I/b. Ms. S. D. Vyas, "B" Panel Counsel for the Applicant Mr. Ram Apte, Senior Advocate a/w. A. A. Garge for the Respondent.

CORAM:

K.K. TATED, J.

DATED :

MARCH 4, 2019 P.C. :

Heard. By this Civil Application, the Applicant Government is seeking extension of time to comply with order dated 25.10.2018 passed by this court (Coram : R. D. Dhanuka, J.) in Writ Petition (ST) No.21520/2018.

The learned Government Pleader has filed an affidavit-cum undertaking dated 02.03.2019 duly affirmed by Mr. Chandrashekhar Prabhakar Joshi, Secretary (Roads), P.W.D., Government of Maharashtra, Mantralaya, Mumbai stating that they are ready and willing to deposit a sum of Rs.25 crores in the executing court on or before 05.03.2019 and remaining amount on or before 30.04.2019. Said undertaking is taken on record. Basavraj G. Patil 1/2

19.417.19-caw.doc The learned senior counsel for the Respondent submits that the executing court may be directed to allow them to withdraw the amount as and when deposited by the State of Maharashtra, by furnishing bank guarantee as per order dated 25.10.2018. Considering the submissions made by the learned Government Pleader and perusal of the Civil Application, following order is passed:

a.

The Applicant State of Maharashtra is permitted to deposit sum of Rs.25 crores in the executing court at Pune on or before 05.03.2019.

b.

Remaining amount of Rs.25 crores shall be deposited on or before 30.04.2019.

c.

The Respondent is permitted to withdraw the said amount from executing court by furnishing bank guarantee, as per order dated 25.10.2018.

d.

Civil application stands disposed off accordingly. e.

Interim protection granted by order dated 25.10.2018 to continue.

f.

Parties to act on an authenticated copy of this order. (K. K. TATED, J.

Basavraj G. Patil 2/2