Shaikh Nadim Shaikh Maqdoom And Others vs The State Of Maharashtra Through The ...
2024 Latest Caselaw 2644 Bom

Bombay High Court

Shaikh Nadim Shaikh Maqdoom And Others vs The State Of Maharashtra Through The ... on 29 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                    (1)                         wp1104.24

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                   80 WRIT PETITION NO. 1104 OF 2024

          SHAIKH NADIM SHAIKH MAQDOOM AND OTHERS
                           VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY
                         AND OTHERS

Mr.Rajendra Deshmukh, Sr. Advocate a/w. Mr. Kunal Kale i/b. Mr. Amol Joshi,
Advocate for the petitioners.
Mr.S.B. Narwade, AGP for respondent Nos. 1 and 2.

                        CORAM       :      RAVINDRA V. GHUGE &
                                           Y.G. KHOBRAGADE, JJ.

                        DATED       :      29.01.2024
PC :-

01. Issue notice to the respondents, returnable on 04.03.2024. The

learned AGP waives service of notice for respondent Nos. 1 and 2.

02. Reliance is placed upon a judgment delivered by the Hon'ble

Supreme Court dated 06.09.2023 in Eva Agro Feeds Private Limited Vs.

Punjab National Bank And Anr. in Civil Application No. 7906 of 2021,

paragraph No.42 in particular, to contend that the mere expectation of the

Liquidator that a higher price could be obtained if the properties are re-

auctioned cannot be a good ground to cancel an otherwise valid auction and

proceed to hold a fresh auction proceeding.

(2) wp1104.24

03. In view thereof, barring the reserved shops, the decision of

respondent No.3 in cancelling E-auction process which was conducted in

furtherence of E-auction notice dated 24.11.2023 shall stand stayed. Those

31 shops, barring 9 reserved shops shall not be put for re-auction until further

orders.

04. All office objections shall be removed and deficit Court Fees of

Rs.2000/- shall be paid on or before 22.02.2024, failing which, the petition

shall stand dismissed on 23.02.2024, without reference to the Court.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]

snk/2024/JAN24/wp1104.24