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Bombay High CourtWP/3556/2020disposed off

Shakti Pyramid Ventures v. City And Industrial Development Corporation Of Maharashtra Ltd. And ORS

2021-06-11Hon'Ble The Chief Justice,Hon'Ble Shri Justice G. S. Kulkarni2 pages

12-WP.3556.2020 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3556 OF 2020 Shakti Pyramid Ventures } Petitioner

Versus

City and Industrial } Development Corporation } of Maharashtra Limited } and Ors.

} Respondents Ms.Ritika Agarwal with Mr.Rajshree Mukherjee for the petitioner.

Mr.A.M.Kulkarni with Mr.Sarthak Diwan for respondent no.1.

CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE :- JUNE 11, 2021 PC :- 1.

Ms.Agarwal, learned advocate for the petitioner submits that in view of certain subsequent developments, the grievance raised by the petitioner does not survive for adjudication. Inviting our attention to the order dated 25th September 2020, she submits that the petitioner had deposited Rs.96,43,246.33 with the respondent City and Industrial Development Corporation (CIDCO) towards delayed payment charges for the period of lockdown from 25th March 2020 to 24th December 2020 and that the other part of the order requiring deposit of Rs.1,16,52,061.31 was also complied with by making the requisite deposit with the J.V.Salunke,PS

12-WP.3556.2020 Registrar (Judicial) of this Court. The respondent CIDCO, by letter dated 19th May 2021 has not only acknowledged the aforesaid payment, but has also intimated the petitioner that as per the approval dated 12th March 2021, the Government of Maharashtra has waived the delayed payment charges in the present case with the result that the petitioner is now entitled to return of Rs.1,16,52,061.31 deposited with the Registrar (Judicial) together with interest as accrued. 2.

Mr.Kulkarni, learned advocate for the respondent CIDCO agrees with the submission of the learned advocate for the petitioner.

3.

In view of the above, this writ petition stands disposed of with a direction upon the Registrar (Judicial) to return the said amount of Rs.1,16,52,061.31 together with accrued interest, if any, to the petitioner upon an approach being made in this behalf together with a copy of this order. There shall be no order as to costs.

(G. S. KULKARNI, J.) (CHIEF JUSTICE) J.V.Salunke,PS