M/s. Indojewel Jewellery Pvt. Ltd. in Misc. Appeal St. No.8426 of 18VsThe Development Commissioner Seepz SEZ

Date: 12-07-2018
Business: Adv. Dalal for respondent present.
Adv. M.S. Bharadwaj for respondent present.
He files vakalatnama for respondent. (Exh.2)
Stay application (Exh.3.)
Appellant files affidavit of service.
Heard both sides on delay application.
Delay is of two days.
Ld. Counsel for respondent strongly opposed to condone delay or the same may be condoned subject to deposit of Rs.21.14 lakhs which is due against the appellant.
Ld. Counsel for applicant contends as follows
i)The impugned order does not show the order for recovery of the said amount.
ii)That the inquiry proceeding before the Estate Officer is not maintainable, in view of Suhas Pophale\''s judgment.
iii)The applicant is paying the rent amount to MDIC directly and there is no privity of contract between the applicant and respondent No.1.
iv)The applicant has a good case on merit.
On the aforesaid grounds raised by appellant, the delay of two days is condoned, subject to payment of cost of Rs.1,000/- to DLSA.
Ld. Counsel for applicant requests to stay the impugned order. Ld. Counsel for respondent objects the same and requests time to file say and R and P.
In the meantime the execution of the impugned order is stayed till next date.
Appeal be registered.
Adjd. to 07/08/2018 for R and P.
Nature Of Disposal: ALLOWED
Disposal Date: 12-07-2018

Filing Number: 108427/2018
Filing Date: 27-06-2018
First Hearing Date: 12th July 2018
Decision Date: 12th July 2018
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT