Potash Fertilizers (India) Pvt. Ltd v. Assistant Custodian Of Enemy Property

11-wp-521-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.521 OF 2024 Potash Fertilizers (India) Pvt. Ltd. & Anr.

.....Petitioners Vs.

Assistant Custodian of Enemy Property & Anr......Respondents Mr. Shardul Singh with Adv. Smeet Savla, i/b. Ms. Sayali S. Sawant, for the Petitioners.

Mr. Rajiv Chavan, Senior Advocate with Ms. Priyanka Chavan & Mr. Mohd. Haider, for the Respondent Nos.1 & 2.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 25th APRIL 2025.

P.C.:- 1.

Learned counsel for the Respondent Nos.1 and 2 has tendered the Rejoinder Affidavit of the said Respondents. The said Rejoinder Affidavit is taken on record and a copy thereof has already served on the learned counsel for the Petitioners. 2.

Learned counsel for the Respondent Nos.1 and 2 states that the Summons dated 28th October 2022 and 16th November 2022 impugned in the present Petition are only a fact finding inquiry to consider whether the property in question is 'Enemy Property' or not. Gaikwad RD 1/2

11-wp-521-2024.doc 3.

In view of the statement made by the learned counsel for the Respondent Nos.1 and 2, learned counsel for the Petitioners states that the Petitioners will appear before the Fact Finding Committee within two weeks from today. Accordingly, the Fact Finding Committee to complete the fact finding inquiry within four weeks thereafter.

4.

Stand over to 20th June 2025.

5.

Learned counsel for the Respondent Nos.1 and 2, on instructions, states that the Respondents will not take coercive steps till the aforesaid Petition is heard.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Gaikwad RD 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/04/2025 13:44:46