Arar Property Management Services v. Micro And Small Enterprises Facilitation Council, Mumbai And ORS

39-WP-1764-2025.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1764 OF 2025 Arar Property Management Services ... Petitioner V/s.

Micro And Small Enterprises Facilitation Council, Mumbai and Ors.

... Respondents Mr. Aslam Khan for the Petitioner.

Ms. Sulbha D. Shipade, AGP for Respondent Nos.2 & 3-State. Ms. Ayesha Pinto i/b Saamya Partners for Respondent No.4.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 8, 2025 P.C.:

1.

This Court, by an order dated 11th February 2025, had specifically directed respondent No.1 to supply a copy of the reasoned order to the petitioner. The learned Advocate appearing for the petitioner has tendered on record a communication evidencing the text of the said order, whereby respondent No.1 was duly directed to furnish the reasoned order. A perusal of the record reveals that although service has been duly effected upon respondent No.1, she has failed to enter appearance before this Court. In such circumstances, respondent No.1 is directed to remain personally present before this Court on 24th April 2025, failing which, this Court shall be constrained to consider issuance of coercive process, including a warrant of arrest, to secure her presence before the Court. The presence of respondent No.1 is

39-WP-1764-2025.doc necessitated in view of her non-compliance with the directions of this Court, which warrants her explanation as to why appropriate action should not be initiated against her for breach of the orders passed by this Court.

2.

The learned Advocate for the petitioner is directed to ensure service of a copy of this order upon respondent No.1 forthwith and to place on record an affidavit of service before the next date of hearing.

3.

In order to obviate any possibility of further escalation of the controversy and to afford respondent No.1 a fair opportunity to comply with the directions of this Court, it shall be open for respondent No.1 to communicate directly with the petitioner, intimating whether a reasoned order has indeed been passed. In the event such a reasoned order has been passed, respondent No.1 shall furnish a copy thereof to the petitioner without any further delay. Compliance with this direction shall not only advance the cause of justice but also obviate the need for initiation of any coercive proceedings against respondent No.1. 4.

Stand over to 24.04.2025.

(AMIT BORKAR, J.)