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2024 Supreme(Bom) 117

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Sangli Aluminium Extrusions Pvt Ltd – Appellant
Versus
Maharashtra Industrial Development Corporation Ltd – Respondent


Advocate Appeared:
For the Appellant : Ms. Savita Nangare, with Mr.Vinod Nagula i/b Law
Focus, Advocates
For the Respondent: Mr. Prashant Chawan, with Ms.Shraddha Chheda i/b Navdeep Vora & Associates, Ms. Stefy Dias, Poonam Redekar i/b Umesh Mankapure, Ms. S. D. Vyas with Mrs. K. B. Dighe, Addl. G. P. with Ms. M. S. Bane, Adv

JUDGMENT :

1. By the present Writ Petition filed under Article 226 of the Constitution of India, the Petitioner seeks an order and direction to Respondent No.1 [Maharashtra Industrial Development Corporation (MIDC)] to effect transfer of Plot No.H- 13, admeasuring about 15,000 sq.mtrs. lying and being situated at Sangli- Miraj Industrial Area (for short “the suit property”) in favour of the Petitioner by accepting the transfer fee of Rs.10,57,500/- with immediate effect. This relief is sought on the basis that the Petitioner has purchased the leasehold rights in the suit property from Respondent No.2 [Sangli District Central Cooperative Bank Limited] under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”). The other relief sought is to quash and set aside the Demand Notice dated 3rd November 2006 issued by Respondent No.3 [the Assistant Commissioner of Sales Tax] to the Petitioner for payment of sales tax dues of one M/s Maha Containers Pvt Ltd, Sangli (for short “the Defaulting Company”).

2. Rule was issued in the above Petition on 17th November 2009, and certain directions were a

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