Phoenix Arc Private Limited Acting In Its Capacity As Trustee Of Phoenix Trust Fy 14-13 Scheme-B v. State Of Maharashtra

by AARTI GAJANAN PALKAR Date:

2024.04.02 17:45:32 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.45 OF 2024 Phoenix ARC Private Limited ....

Petitioner

Versus

State of Maharashtra & Ors.

....

Respondents Mr. Charls D'souza a/w. Sharanya Shivaraman & Rupak Sawangikar, Advocates for Petitioner.

Mr. Mohit Jadhav, AGP for State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 01, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- "(a) issue a Writ of Certiorari or any other appropriate Writ calling for the records, papers and proceedings in Spl. (MPID) Case No.4 of 2015 and the Third Party Applications (Ex.117 and Ex.122) filed by the Petitioner therein, before the Hon'ble Sessions Court, Pune and after enquiring into the legality and propriety of the same, quash and set aside the Order dated April 26, 2018 passed in MPID (Spl.) Case No.4 of 2015;

(b) issue a Writ of Certiorari or any other appropriate Writ calling for the records, papers and proceedings of the

Notifications dated May 7, 2016 and June 8, 2017 and after enquiring into the legality and propriety of the actions of Respondent No.1 in that regard, set aside the same to the extent the Notifications apply to the Mortgaged Properties enlisted at (a) sr.no.6 in the Schedule of Immovable Properties in the Notification dated May 7, 2016 and (b) point nos.A, B, C(3) in the Notification dated June 8, 2017. (c) In the alternative to prayer clause (a) and (b), issue a Writ of Mandamus or any other appropriate Writ directing the Sessions Court, Pune to decide the Third-Party Applications (Ex.117 and Ex.122) filed by the Petitioner in Spl. (MPID) Case No.4 of 2015 expeditiously and no later than 6 weeks from the date of passing an Order by this Hon'ble Court;"

2.

Mr. D'souza, the learned counsel appearing on behalf of the Petitioner submitted that since the Petitioner has already approached the MPID Court for lifting the attachment levied on the assets which are secured with the Petitioner/ARC [and which applications are pending since the year 2022], the MPID Court be directed to hear and decide their applications in a time bound manner.

3.

Considering that this is the limited relief pressed before us, we request the MPID Court to hear Ex.117 and Exh.122 filed by the Petitioner in Spl. (MPID) Case No.4 of 2015 as expeditiously as possible and in any event on or before 14th June, 2024. 4.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

5.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]