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Bombay High CourtWP/864/2024disposed off

Trishul Construction Co v. City And Industrial Development Corporation Ltd. And ORS

2024-08-14Hon'Ble The Chief Justice , Hon'Ble Shri Justice Amit Borkar2 pages

901-wp-864-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.864 OF 2024 Trishul Construction Co.

... Petitioner V/s.

City Industrial And Development Corporation of Maharashtra Limited & Anr.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.08.14 17:29:21 +0530 SHABNOOR AYUB PATHAN Mr. Navroz Seervai Sr. Advocate a/w Mr. Rohan Cama with Mr. Sanajay Udeshi, Mr. Aditya Udeshi, Mr. Rahul Sanghvi, and Mr. Netaji Gawade i/by M/s.Sajany Udeshi & Co. for the Petitioner.

Mr. Janak Dwarkadas, Senior Advocate with Ms.Namrata Vinod, Mr. Rahul Sinha and Mr. Soham B. i/by DSK Legal for respondent No.1 - CIDCO.

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms. G. R. Raghuwanshi, AGP for respondent No.2.

CORAM

: DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : AUGUST 14, 2024 P.C.:

1.

On an earlier occasion Mr. Dwarkadas, learned senior Advocate representing CIDCO has stated that CIDCO would not file any affidavit-in-reply to the amended writ petition and would rely on the earlier affidavit-in-reply filed by the respondent-CIDCO; however, he has sought permission of the Court to put just one information on an affidavit which is in relation to the price which may be fetched by the current auction of the neighboring plots.

901-wp-864-2024.doc 2.

Accordingly, the said additional affidavit has been filed today, which is taken on record. Reply to the said affidavit, if any, may be filed by the petitioner by the next date of listing. 3.

Mr. Seervai, learned senior Advocate representing the petitioner has completed his arguments. Mr. Dwarkadas, learned senior Advocate has commenced his argument on behalf of CIDCO, however, such remains inconclusive. 4.

It appears that there is some ambiguity regarding translated copy of a document filed with the writ petition, which has been marked as Exhibit 'K' and is available on the writ petition at page Nos.97 to 102.

5.

We, thus, direct that the official Translator of the Court shall prepare translated copy of the said documents available on the writ petition at page Nos.97 to 102 and will place it on record. The translated copy of the said document shall be provided to Mr. Dwarkadas, learned senior Advocate representing CIDCO and also to Mr. Seervai, learned senior Advocate representing the petitioner by Monday. 6.

Stand over to Tuesday i.e., 20 August 2024.

7.

In the meantime, the interim order granted earlier on the basis of the statement made by the officer of the CIDCO shall continue to operate till next date of listing. (AMIT BORKAR, J.) (CHIEF JUSTICE)