Bombay Pharamaceuticals Works Pvt. ... vs State Of Maharashtra And 7 Ors ...
2023 Latest Caselaw 12788 Bom

Bombay High Court

Bombay Pharamaceuticals Works Pvt. ... vs State Of Maharashtra And 7 Ors ... on 14 December, 2023

Author: G.S. Patel

Bench: G.S. Patel

2023:BHC-OS:14668-DB                                              904-OSCONPWL-8359-2023.DOC




                                                                                              Talwalkar



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION
                           CONTEMPT PETITION (L) NO. 8359 OF 2023
                                                       IN
                                    WRIT PETITION NO. 5198 OF 2022


                 Bombay Pharmaceuticals Works Pvt Ltd Through                        ...Petitioner
                 Director Nitin Asaria Vador
                        Versus
                 State of Maharashtra & Ors                                      ...Respondents
                        And
                 UH Pandaya & Associates & Anr                                         ...Alleged
                                                                                     Contemnors
                                                    WITH
                          INTERIM APPLICATION (L) NO. 27491 OF 2023
                                               (NOT ON BOARD)
                                                       IN
                                WRIT PETITION NO. 5198 OF 2022
                 UH Pandaya & Associates through Sole Surviving
                 Partner                                        ...Applicant
                        In the matter between
                 Bombay Pharmaceuticals Works Pvt Ltd through   ...Petitioner
                 its Director Nitin Asaria Vador
                        Versus
                 State of Maharashtra through its Urban ...Respondents
                 Development Department & Ors


                 Mr Prathmesh Bhargude, with K Amol, i/b Gurubala K Birajdar, for
                      the Petitioner.
                 Mr Milind More, Addl GP, with Abhay L Patki, Addl GP, for the



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                                                14th December 2023


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                                                    904-OSCONPWL-8359-2023.DOC




      Respondent-State.
 Mr Jeetendra Ranawat, i/b Waquar Ahmad, for Respondent No. 8-
      Contemnors.
 Mr Kunal Waghmare, i/b Sunil K Sonawane, for the Respondent-
      BMC.



                               CORAM     G.S. Patel &
                                         Kamal Khata, JJ.

                               DATED:    14th December 2023
 PC:-

1. We are informed that the two sides have signed a Permanent Alternate Accommodation Agreement ("PAAA") that is consistent with the Judgment dated 9th December 2022 and the subsequent order of the Supreme Court dismissing the SLP from that order. The authority letter in favour of the signatory on behalf of the Petitioner is also annexed. A copy of the PAAA is shown to us. We note that the area in question in the PAAA is shown as 870.73 sq mts.

2. This serves the purpose of the Contempt Petition (L) 8359 of 2023. No further orders are thus required.

3. The Contempt notice, if any, is discharged. The Petition is disposed in these terms. Interim Application is also disposed of accordingly.

14th December 2023

904-OSCONPWL-8359-2023.DOC

4. At Mr Bhargude's request an authenticated copy of the signed PAAA is taken on record and marked "X-1" for identification with today's date.

 (Kamal Khata, J)                                             (G. S. Patel, J)





                               14th December 2023