Indolink Industrial Premises Co-Operative Society Ltd. v. The State Of Maharashtra Thr The Dist. Collector And ORS

Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6982 OF 2025 SAYALI DEEPAK UPASANI IN WRIT PETITION NO. 3371 OF 2007 SAYALI DEEPAK UPASANI Date: 2025.05.03 11:05:05 +0530 Indolink Industrial Premises ...Applicant In the matter Between Indolink Industrial Premises

...Petitioner

Versus

The State of Mahabharata and Others

...Respondents

______________________________________________________ Mr Samir Kumbhakoni with Mr Chaintanya Joshi, for Applicant. Mr R. S. Pawar, AGP for State.

Mr Meet Vora i/b Navdeep Vora and Associates, for Respondent No. 4 - MIDC.

Mr. Shivram A. Gawade i/b Deepak R. More, for Respondent No. 3- Pimpri Chinchwad Municipal Corporation. ______________________________________________________

CORAM:

M.S. Sonak & Jitendra Jain, JJ.

DATED:

02 May 2025 PC:- 1.

Mr. Kumbhakoni, learned Counsel for the applicant files undertakings cum affidavits of the following persons, who are in possession of the industrial premises, which they were supposed to vacate and hand over to MIDC a long time ago:- i) Yogesh Samant ii) Dhananjay Naidu

iii) Vijaya Naidu iv) Subhash Lonkar v) Vijay Rampure vi) Pitambar Achotani vii) Deepak G. Israni 2.

The undertakings are accompanied by the Resolution passed by the applicant in its meeting held on 23 April 2025. 3.

The undertakings state that the peaceful and vacant possession of the premises will be handed over to MIDC on or before 30 June 2025 without seeking any extension. 4.

The undertakings on behalf of the applicant-society as well as the referred individuals are accepted. If the vacant possession as undertaken, is not handed over to MIDC by 30 June 2025, then, MIDC, is held entitled to take over the possession if necessary, with the assistance of the police officials. If the police officials at Pimpri Chinchwad are approached for assistance, they should immediately provide for such assistance.

5.

The above action would be without prejudice to MIDC's right to institute contempt proceedings against the office bearers of the applicant- Society and the persons were now given this undertaking and persuaded this Court to grant extension of time.

6.

The Civil liabilities for the delay in handing over possession are kept intact and indulgence is now only granted up to 30 June 2025 without prejudice to this aspect. 7.

The Interim Application No. 6982 of 2025 in WP No. 3371 of 2007 is disposed of with the above terms without any order for costs.

8.

All concerned to act upon an authenticated copy of this order.

(Jitendra Jain, J) (M.S. Sonak, J)