Sumathi Healthcare Private Limited v. Maharashtra Industrail Development Corporation Limited

2025:BHC-AS:16471-DB 4.WP13538_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13538 OF 2024 Sumathi Healthcare Pvt. Ltd.

... Petitioner Vs.

Maharashtra Industrial Development Corpn. Ltd. &Anr. ... Respondents _______ Mr. G.S. Hegde, Senior Advocate a/w. Mr. T.J. Pandian, Noorjahan Kahn, Gautam and Prajakta a/w. Ms. P.M. Bhansali for the petitioner. Ms. Shyamali Gadre a/w. A. Kulkarni i/b. Little & Co. for the respondent-MIDC. _______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

8 April, 2025 P.C.

1.

Mr. Pandian, learned counsel for the petitioner, on instructions of the petitioner, seeks leave to withdraw this petition in view of the letter dated 1 April, 2025 addressed to the petitioner by the Regional Officer, MIDC, Mahape. The copy of the same is taken on record and marked as 'X' for identification. The contents of the said letter reads thus:

"No.MIDC/RO/MHP/I-106837 Date:1April 2025 To, M/s. Sumathi Healthcare Pvt. Ltd.

Plot No.D-4, MIDC TTC Indl. Area Navi Mumbai.

Sub.: TTC Indl. Area Plot No. D-4 Request for grant extension in time limit.

Ref.: 1. This office letter No. I-104293 dated 13.3.2025

2. Your letter dated 29.3.2025.

Dear Sir, The Corporation has taken back possession of Plot No. D-4, TTC Indl. Area vide Notice/s dated 2/8/2024, 22/8/2024 & 4/10/2024. In this 8 April, 2025

4.WP13538_2024.DOC connection, the Corporation has granted herewith extension in time limit of 2 years for obtaining BCC/OC by taking into account unavoidable circumstances and restore the possession of the said plot to you subject to following conditions:

1.

You shall withdraw the Writ Petition No. 13538/2024 filed by you in Hon. High Court, Mumbai in the said matter. After withdrawing the same Writ Petition the possession of Plot No. D4, TTC Indl. Area will be restored to you automatically. 2.

You shall complete construction by utilizing minimum 40% FSI on the plot and obtain BCC/OC from SPA, MIDC, Mahape's office within 2 years by complying with all requirement from the date of this letter.

Further, with reference to letter under reference, you have submitted Bank Guarantee No. 00900100003425 dated 29/3/2025 issued by Axis Bank Ltd., Navi Mumbai-400078 for an amount of Rs.2,52,30,000/- in favour of Executive Engineer, MIDC, Division No. II, Mahape, Navi Mumbai towards security deposit for Plot No. D-4 adm. 21038 m2 as pointed out by the Audit Party. Therefore, you shall renew the Bank Guarantee time to time till dropping of Audit Para. Thanking you, Yours faithfully, Regional Officer, MIDC, Mahape 2.

Accordingly, Writ Petition is allowed to be withdrawn, as the MIDC has taken appropriate position.

3.

Disposed of. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.) 8 April, 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 09/04/2025 15:31:42