M/S Mantech Counting And Systems Llp v. Maharashtra Industrial Development Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8302 OF 2024 IN WRIT PETITION (L) NO. 95499 OF 2020 M/s. Mantech Counting & Systems LLP ...Applicant/ Original Petitioner

Versus

Maharashtra Industrial Development Corporation & Ors

...Respondents

Mr. E.A. Sasi, a/w Arnav Rane & Bijoy Chacko for the Applicant. Mr. A.I. Patel, Addl.GP, a/w K.S. Thorat B Panel, for Respondent No.4.

None for Respondent No.1.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : DECEMBER 17, 2024 PC :

1.

The above Interim Application is filed seeking a Condonation of Delay of approximately one year and nine months in filing the above Application and to set aside the order passed by the Registrar (JudicialI) dated 16th June, 2022 under which the above Writ Petition was dismissed for non-removal of office objections. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.12.18 12:02:30 +0530 ASHWINI JANARDAN VALLAKATI

2.

The learned AGP appears on behalf of the State of Maharashtra (Respondent No.4). As far as Respondent Nos.1 to 3 are concerned, we find that they have been duly served by private notice (as directed by our order dated 19th November, 2024) and an affidavit of service (dated 9th December, 2024) to that effect is also filed. Despite service, none have appeared on behalf of Respondent Nos.1 to 3. 3.

We have gone through the above Interim Application. Though we are not fully satisfied with the explanation given for the delay, in order to ensure that the Applicant/original Petitioner is not denied an opportunity of redressing their grievances on merits, we condone the delay and set aside the order passed by the Registrar (Judicial-I) dated 16th June, 2022 subject to the condition that the Applicant/original Petitioner pay cost of Rs.50,000/- to the Tata Memorial Hospital and Research Centre, Mumbai, within a period of two weeks from today and the receipt evidencing the payment of cost is submitted to the Registry of this Court which shall be kept in the file of the above matter.

4.

Once the costs are paid, the above Writ Petition shall be restored to the file and the office objections if any, shall also be removed by the Applicant/original Petitioner within a period of two weeks

thereafter.

5.

It is made clear that if the costs are not paid as stipulated in this order, the above Interim Application shall automatically stands dismissed without further reference to the Court. 6.

The Interim Application is disposed of in the aforesaid terms. 7.

Personal Assistant of this Court. All concerned will act on production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]