Ms Kopargaon Ahmednagar Tollways Through Resolution Professional v. The State Of Maharashtra And Others

2025:BHC-AUG:17385-DB ( 1 ) 975 ca 4523.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 4523 OF 2025 IN PIL/140/2019 MS KOPARGAON AHMEDNAGAR TOLLWAYS THROUGH RESOLUTION PROFESSIONAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Applicant : Mr. Syed Azizoddin R. AGP for Respondents/State : Mr. V.M. Kagne Advocate for Resp. No.11 in PIL : Mr. Ajinkya Kale h/f. Talekar & Asso. Advocate for Resp. No.10 : Siddhi Kothari h/f. Sagar Ladda (through VC) .....

CORAM : MANISH PITALE & Y.G. KHOBRAGADE, JJ.

DATE :

4th July, 2025 P.C. :- 1.

By this Application, the Applicant/Respondent no.12 is seeking clarification of interim order dated 09.12.2019 passed by this Court, whereby the Respondent No.2 was directed not to issue any notification of extension of contract for collecting toll after 12.12.2019. There was a tripartite agreement between Respondent Nos.9, 12 and the Public Works Department in respect of collection of toll with regard to the subject road with which the PIL is concerned.

( 2 ) 975 ca 4523.25 2.

It is submitted that the Respondent No.12 has since gone into Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional has been appointed. In fact, this application has been filed through the Resolution Professional. A clarification is sought on behalf of the Applicant that the aforesaid interim order may not come in the way of the Applicant pursuing pending proceeding before the National Company Law Tribunal (NCLT) and before the Arbitrator, as also other proceedings that may ensue.

3.

Considering the fact that the contract for collection of toll has not been extended in favour of the Applicant in pursuance of the said interim order and the contract period itself was over on 16.04.2021, we are of the opinion that in the interest of justice, the aforesaid clarification can be granted.

4.

Hence, it is clarified that interim order dated 09.12.2019 and pendency of this PIL will not come in the way of the Applicant from pursuing appropriate proceedings before the NCLT and the Arbitrator as also other proceedings that the Applicant may be involved in. The Civil Application stands disposed of.

[Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.] mub