Heubach Colorants India Limited (Formerly Known As Clariant Chemicals Ltd) v. Maharashtra Industrial Development Corporation

2024:BHC-AS:554-DB 26.WP3752_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3752 OF 2023 Heubach Colorants India Ltd. (formerly known as Clariant Chemicals (India) Ltd.) ... Petitioner

Versus

Maharashtra Industrial Development Corporation

...Respondent

Mr. Mayur Khandeparkar a/w. Mr. Nipeksh Arvind Jain and Shoma Maitra i/b. Wadia Ghady & Co. for the petitioner. Mr. Prashant Chavan a/w. Ms. Poonam Sheth i/b. Navdeep Vora & Associates for the respondent/MIDC.

_______________________

CORAM:

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

DATED:

4 January, 2024 _______________________ P.C.

1.

We have heard learned counsel for the parties for sometime. Considering the fact that this petition under Article 226 of the Constitution, the substantive prayer is of a money claim, Mr. Khandeparkar seeks leave to withdraw this petition with liberty to the petitioner to file a Civil Suit. 2.

We permit the petitioner to withdraw this petition with liberty to file Civil Suit. As the petitioner was bonafide pursuing the present petition and considering the fact that termination notice is dated 8 July, 2020 which was issued to the petitioner during the Covid-19 pandemic period and in respect of which the orders passed by the Supreme Court in the proceedings of Suo Motu Writ Petition (Civil) No. (s) 3/2020 in the case of Re-Cognizance for 4 January, 2024

26.WP3752_2023.DOC Extension of Limitation1 in regard to the extension of period of limitation, were in operation as also the present proceedings being filed on 18 February, 2023, we permit the petitioner to institute a suit within a period of four weeks from today. If the suit is filed, the same can be adjudicated on merits, as the petitioner would be entitled to the benefit of the orders passed by the Supreme Court (supra) in regard to any issue of limitation as also under the provisions of Section 14 of the Limitation Act.

3.

All contentions of the parties on the merits of the dispute are expressly kept open.

4.

Disposed of as withdrawn. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 1 (2020) 19 SCC 10 4 January, 2024