Pyarelal Textiles Pvt. Ltd. v. Maharashtra Industrial Development Corporation And ORS.

wp5773 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.5773 OF 2015 Pyarelal Textiles Ltd.

...Petitioner

vs.

Maharashtra Industrial Development Corporation

...Respondent

Mr.Pankaj Kowli i/b Rohit Pande for the Petitioner Mr.Aniket Kulkarni i/b Little & Co. for the respondent CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : JUNE 29, 2015 P.C.:

.

Not on board. Taken on board.

The learned counsel for the respondent seeks time.

The only submission made by the learned counsel for the petitioner is that to enable the petitioner to prefer an appeal against the impugned order and to seek appropriate interim relief from the Appellate Authority, the possession of the petitioner may be protected for a reasonable time. The request is reasonable which deserves to be accepted.

wp5773 Accordingly, we dispose of the Writ Petition by passing the following order:

(I) To enable the petitioner to prefer an Appeal and to move the Appellate Authority for appropriate interim relief, we direct that the impugned order dated 15th May 2015 shall not be executed for a period of three weeks from today subject to condition that the petitioner shall not part with possession of the plot in question and shall not create any third party interests+- therein;

(II) We make it clear that the appropriate Appellate Authority shall decide the application which may be made by the petitioner without being influenced by the grant of limited interim relief by this Court;

(III) All contentions on merits are kept open;

(IV) All concerned to act upon an authenticated copy of this order.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)