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2005 Supreme(Bom) 925

S.P.KURDUKAR, R.M.S.KHANDEPARKAR
ETCO Spinners Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Judgment

R. M. S. KHANDEPARKAR, J.

( 1 ) HEARD. Rule. By consent, the rule is made returnable forthwith.

( 2 ) THE petitioners seek mandamus directing the respondent Nos. 3 and 4 to grant forthwith the electricity connection (high tension consumer) to the petitioner No. 1 company at its premises, namely plots B-2 and B-3, MIDC, parabhani.

( 3 ) UNDISPUTED facts in the matter are, that a co-operative spinning mill known as "prabhavati Co-operative Spinning Mill Ltd. ", which existed on the said plots, was ordered to be liquidated by the authorities under the maharashtra Co-operative Societies Act, 1960, hereinafter called as the "cooperative Act" and as a result of the liquidation proceedings the assets of the said society were put to public sale by inviting tenders. The petitioner No. 1 submitted its tender along with some other parties and those tenders were opened on 25-3-2004 and the petitioner No. 1's tender having been found to be the highest, same was accepted by the respondent No. 2, the Liquidator and the petitioner No. 1 was informed to deposit a total amount of Rs. 4. 30 crores within 30 days by demand draft to get possession of the property. The petitioner-company accord



























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