Arrow Engineering Ltd. Through Vineet Ramesh Malhotra And ANR. v. The Superintendent Of Police And ORS.

915 wp 1568.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1568 OF 2019 Arrow Engineering Ltd. and anr.

.....Petitioners versus The Superintendent of Police, Wadkhal Police Station and ors.

.....Respondents Mr. Robin Jaisinghani i/b. Ms.Jacinta D'silva, advocate for the petitioners. Ms. Sangita Shinde, APP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 18th JULY, 2019.

P. C. :

The writ petition is filed by the petitioner seeking the following reliefs :

"(a) that this Hon'ble Court be pleased to issue a writ of mandamus and/or writ in the nature of mandamus or any other appropriate writ, order or direction (i) directing Respondent No.2 to withdraw/recall the letter written to Respondent No.3, a copy whereof is annexed as Exhibit 'E' hereto, (ii) Respondent No.3 be directed to withdraw any directions/instructions whether written or otherwise to Respondent No.4 calling upon Respondent No.4 not to permit registration of any documents relating to the Petitioners' immoveable properties set out in Exhibit 'B' hereto.

(b) that pending the admission, hearing and final disposal of the present Writ Petition, Respondent No.4 be restrained from acting in compliance with and/ or in furtherance of any directions/instructions issued by Respondent Nos.1 to 3 not to permit registration of Shubhada S Kadam 1/2

915 wp 1568.19.doc any documents relating to the immoveable property set out in Exhibit 'B' hereto."

2.

We have heard the writ petition on several occasions and invited the attention of learned APP to the communication which is impugned and which is issued by the Police Inspector, EOW, Alibaug and addressed to the Collector. Upon confronting the police officer addressing such a letter to the collector who is not competent to issue a notification under Section 4 of the Maharashtra Protections of Interest of Depositors Act, 1999 (for short "the MPID Act"), learned APP today, on the basis of instructions from Ms.Pratima Pudalwad, SDO, Pen and Mr. J.A.Shaikh, IO, makes a categorical statement that the impugned letter dated 30th June, 2018 which is annexed at "Exhibit-E" will be withdrawn. Further, she also makes a categorical statement that further notification dated 10th July 2018 issued under Section 5 of the MPID Act by the Collector appointing SDO as competent authority, would also be withdrawn by them. 3.

In light of the said statements, Mr.Jaisinghani, learned counsel for the petitioner does not press the writ petition. The writ petition stands disposed as withdrawn.

4.

In light of the above statements, the civil application Nos.244 and 315 of 2019 will also not survive for consideration and same are disposed as such.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2