skc 1 WP-1902-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1902 OF 2011 M/s. Ajanta Universal Fabrics Ltd. ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr. A. A. Kumbhakoni with Mr. Rampal Kohli for Petitioner. Mr. C. R. Sonawane - Assistant Government Pleader for Respondent No. 1. Mr. G. S. Hegde with Mr. C. M. Lokesh i/b. A.R. Bhole & Co. for Respondent Nos. 2 and 3. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : DECEMBER 15, 2011 P.C. : Rule, returnable forthwith. Learned counsel for the respective respondents waive service. Heard finally by consent of parties. 2. The petitioner who is an allottee of a plot in Karad Industrial Area has been directed by the respondents to pay a sum of Rs.69,15,200/- as additional premium while granting final extension of time limit for completion of construction. According to Mr. Kumbhakoni, learned counsel for the petitioner the delay in construction was not due to any action or inaction of the petitioner but was due to failure of the respondents to make skc 2 WP-1902-11 an order regarding the amalgamation of plots. 3. Mr. Hegde, learned counsel for the respondents denies that any delay in amalgamation of plots is the cause. However, having regard to the nature of the dispute raised on behalf of the petitioner and without deciding on the validity or otherwise of the demand made by the respondents MIDC by the impugned communication dated 17.9.2010, we consider it appropriate to direct the respondents MIDC to grant the petitioner an opportunity of pointing out whether they are entitled to an unconditional extension of time upon the petitioners filing a proper representation in this regard within a period of two weeks from today. Hence, we direct that the demand made on the petitioner may not be given effect to until the petitioner has been heard and its case is considered. The amount of Rs.3,50,000/- deposited by the petitioner in this court along with accrued interest thereon shall be allowed to be withdrawn by the respondents MIDC without prejudice to the rights and contentions of the parties. 4. Rule is made absolute in above terms. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)