← Library
Bombay High CourtCAW/1258/2018

Kolte Patil Developers Ltd. v. The State Of Maharashtra And ORS.

2018-06-22Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 905-CAW1258.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1258 OF 2018 IN WRIT PETITION NO. 11145 OF 2014 Kolte - Patil Developers Ltd.

..... Applicant/Petitioner

VERSUS

State of Maharashtra & Anr.

..... Respondents Mr.Shailendra Kanetkar for the Applicant in Civil Application. Mr.S.H.Kankal, A.G.P. for the State - Respondent nos. 1 to 3. CORAM :

R.D. DHANUKA, J.

DATE :

22nd JUNE, 2018 P.C.

By this civil application, the applicant seeks modification of the order dated 6th January,2015 and seeks permission to furnish a bank guarantee of Rs.1,00,00,000/- (Rupees one crore only) in place of the order of deposit ordered by this court in the said order. 2.

Mr.Kanetkar, learned counsel appearing for the applicant on instruction states that his client is ready and willing to deposit a sum of Rs.1,10,00,000/- (Rupees one crore ten lacs only) within a period of two weeks as against Rs.1,00,00,000/- (Rupees one crore only) directed to be deposited by this court by an order dated 6th January,2015 and prays that the delay in deposit be condoned. Statement is accepted.

3.

It is made clear that if an amount of Rs.1,10,00,000/- (Rupees

kvm 2/2 905-CAW1258.18 one crore ten lacs only) is not deposited within a period of two weeks from today, the interim stay granted by this court on 6th January,2015 and by this court to stand vacated without further reference to court. 4.

If any such amount is deposited, the respondent nos. 1 to 3 are at liberty to make an application for withdrawal of the said amount in terms of the order dated 6th January,2015.

5.

As and when such application is made, the same will be considered by this court on its own merits.

6.

If the amount is deposited within the time prescribed by this court, the interim protection granted by this court to continue during the pendency of the writ petition.

7.

Civil application is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]