Saumya Buildcon Private Limited v. Municipal Corporation Of Greater Mumbai And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.380 OF 2020 Saumya Buildcon Private Limited .. Petitioner v/s.

Municipal Corporation of Greater Mumbai & Ors.

.. Respondents Mr. Sanjay Kadam a/w Sanjeel Kadam, Ms. Sayali Rajpurkar, Ms. Nitisha Lad i/b. M/s. Kadam and Company for the petitioner. Mr. Joel Carlos & Ms. Pooja Yadav i/b. Mr. Sunil Sonawane for the respondent-MCGM.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 11TH NOVEMBER, 2022.

P.C. :

1. Learned counsel for the petitioner, on instructions, seeks liberty to withdraw this petition in view of the statements made by the Municipal Corporation in its letter dated 28 th October, 2022 addressed to the petitioner.

2. We have perused the letter dated 28 th October, 2022 of the Municipal Corporation and the statements made in the praecipe Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.11.12 10:29:32 +0530 SANDHYA BHAGU WADHWA 1/3

dated 10 th November, 2022.

3. In view of the letter dated 28 th October, 2022, the petitioner is allowed to withdraw this writ petition.

4. Writ petition is disposed off as withdrawn.

5. The petitioner is directed to make an application before the Prothonotary and Senior Master of this Court, on or before 15 th November, 2022.

6. The Prothonotary and Senior Master of this Court shall transfer a sum of Rs.21.71 crores lying deposited in this Court, pursuant to an interim order passed by this Court in this writ petition, to the respondent no.1-Corporation and the balance amount, if any, to the petitioner with the accrued interest, within one week from the date of the application that would be made by the petitioner.

7. The Municipal Corporation is directed to furnish the details of the bank account to the Prothonotary and Senior Master of this Court to enable the Prothonotary and Senior Master of this Court to transfer the said amount to the said particular account of the Municipal Corporation.

8. In view of the withdrawal of the petition by the Municipal 2/3

Corporation, the Municipal Corporation to comply with the statements made in the letter dated 28 th October, 2022 expeditiously.

9. It is made clear that this Court has not expressed any views on the merits of the matter.

10.

The parties as well as the Municipal Corporation shall act on the authenticated copy of this order.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.) 3/3