-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6868 OF 2010 Webtech Industries Pvt. Ltd. ... Petitioner versus The State of Maharashtra and others ... Respondents Mr. Manish Desai with Ms. Sowjanya Menon, instructed by M/s. Vidhi Partners, for the petitioners. Mr. V.D. Patil, Government Pleader, for respondent No.1. Mr. P.P. Chavan, instructed by M/s. Little & Co., for respondent No.2. Mr.Vinod Kothari, instructed by M/s. Apex Law Partners, for respondent No.3. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: OCTOBER 27, 2010. P.C. By way of this petition, the petitioner has challenged the decision taken by Maharashtra Industrial Development Corporation (MIDC) asking the petitioner to submit No Objection Certificate from the Labour Commissioner regarding the dues of the workers. The learned counsel for the petitioner argued various points such as they are the bona fide purchaser under the Securitization Act and that the liability of dues of the workers is on the erstwhile factory owner and not of the petitioner, etc. -2- 2. During the course of hearing, the learned counsel for the petitioner states that the petitioner would like to make a representation on all the points taken in the instant petition that (i) the petitioner is not going to develop the property and, therefore, the Government Resolution may not have any application; (ii) the petitioner has purchased the plot in question under the Securitization Act and that the petitioner had paid Rs. 14 crores for such purchase, and (iii) the petitioner is going to give employment to various workers and it is in their interest that such permission as sought for may be granted without insisting for NOC in this behalf. 3. The petitioner to make such representation to respondent No.2- MIDC within a period of four weeks from today. If any representation is made by the petitioner, respondent No.2 is directed to take decision in accordance with law and such decision may be taken after hearing the petitioner within a period of four weeks from receipt of the same from the petitioner. At the time of deciding the representation, the say of the petitioner as aforesaid may also be taken into consideration. The learned Government Pleader states that it is for the MIDC to take its own decision in accordance with law and to find out whether the NOC from the Labour Commissioner is required or not. Whatever may be the decision ultimately arrived at, the same may be communicated to the petitioner. If the petitioner has any grievance thereafter, it will be open to him to approach this Hon’ble Court on all available points including the point -3- raised in this petition. 4. Petition is disposed of accordingly. Rule is discharged. No costs. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.