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Bombay High CourtWP/429/2019disposed of

Raffles Square Development Pvt. Ltd., Rep. By Its Aut. Sign., Brian D'Souza., v. State Of Goa, Thr. Chief Secretary, Govt. Of Goa And ANR.,

2019-05-03Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 429 OF 2019 RAFFLES SQUARE DEVELOPMENT PVT.

LTD., REP. BY ITS AUT. SIGN., BRIAN D'SOUZA., ... Petitioner

Versus

STATE OF GOA, THR. CHIEF SECRETARY, GOVT. OF GOA AND ANR., ... Respondents Mr. R. Menezes and Mr. N. Fernandes, Advocates for the petitioner.

Mr. D. Lawande, Advocate General with Mr. Deep D. Shirodkar, Advocate for respondent nos.1 and 2.

Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 3rd May 2019 P.C.

Learned Advocate General for the respondents no.1 and 2 on instructions states that Government will not take any coercive steps against the petitioner, if balance amount of the annul fees i.e. sum of rupees five crores is paid by the petitioner on or before 10.6.2019 provided petitioner pays interest at the rate of 10% per annum on the balance amount of fees till the date of payment. Statement is accepted.

2. Mr. Menezes, learned Counsel for the petitioner on behalf of his client undertakes to pay the balance fees on or before 10.6.2019 with interest at the rate of 10% per annum for the proportionate period without fail. Undertaking is accepted. Till

WP/429/2019 10.6.2019, respondents shall not take any coercive steps against the petitioner for delay in making payment.

3. It is made clear that this order is passed in the peculiar facts and circumstances of the case and shall not be used as a precedent in any other matter.

4. It is open to the petitioner to pay balance amount in instalments till 10.6.2019. If such amounts are paid in instalments amount of interest shall be paid for the delayed period.

5. Writ Petition is disposed of on the aforesaid terms. There shall be no order as to costs.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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