Eversmile Construction Co. Pvt Ltd And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.08.22 16:39:42 +0530 CIVIL APPELLATE JURISDICTION ASHVINI BAPPASAHEB KAKDE WRIT PETITION NO. 11479 OF 2024 Eversmile Construction Co. Pvt. Ltd. & Anr.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Rohaan Cama a/w. Ms. Rutuja Patil and Mr. Yohaan Shah i/b. Negandhi Shah & Himayatulla Advocates for the Petitioners. Mr. R. S. Pawaar, AGP for Respondent/State.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking a Writ of mandamus to Respondent No.3 to execute and register the Deed of Cancellation as per the stamp duty adjudicated and paid on the draft submitted by the Petitioner with Respondent No.3 vide their letter dated 13 March 2024. 2.

Today, when the matter is called out, Mr. Pawar, learned AGP, has tendered a letter issued by the State Government dated 20th August 2024 authorizing Respondent No.3 to execute and register the Deed of

Cancellation which forms the subject matter of the above Writ Petition. The said letter is taken on record and marked 'X' for identification. 3.

Mr. Pawar has further stated that Respondent No.3, namely Varsha Laddha, Dy. Commissioner (Administration), Pune Division will be executing the document today at 4.30 p.m. We accept the said statement. We also direct that the Petitioner's representative will be present for the execution at the same time.

4.

In the light of these developments, we find that the grievances raised in the above Petition have fully redressed and the Writ Petition is accordingly disposed of.

5.

Though we have disposed of the above Writ Petition, we now place the above matter on 26th August 2024 for reporting compliance. We assume that the parties shall, by that date, execute and register the Deed of Cancellation and report to this Court.

6.

Stand over to 26th August 2024.

7.

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