M/S Sai Wardha Power Generation Pvt. Ltd. Hyderabad, Telangana v. Maharashtra Industrial Development Corporation Ltd. Mumbai And Others

906. WP 1363 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.

1363/2024 M/s Sai Wardha Power Generation Private Limited Hyderabad, Telangana - 500 033 through its Authorized Representative ...Versus...

Maharashtra Industrial Development Corporation Limited, Andheri (E), Mumbai 400 093 through its Chief Executive Officer and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.A. Naik, Advocate for petitioner CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATE : 27/02/2024 1.

The only issue involved is that when on the earlier two occasions consent to mortgage was granted by the Maharashtra Industrial Development Corporation, on a further application being made for consent, there is no response. It is contended that the Indian Bank has already made disbursement in advance and the compliance is to be done of the terms of the sanction, failing which, 1% penalty is being leviable and the threat for recall of the loan has been issued. It is contended that though substantial time has been lapsed since the request for consent was made on 07/08/2023 (pg.228) in absence of any response, the working of the company would be adversely affected.

906. WP 1363 of 2024.odt 2.

Issue notice for final disposal to the respondents, returnable 08/03/2024.

3.

Assistant Government Pleader Mr. S.M.

Ghodeswar waives service of notice for the respondent no.2. 4.

Petitioner to serve the respondent no.1 by the returnable date. Service by all modes, permissible in law, including Hamdast is allowed.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 27/02/2024 19:09:51