- 1 - wp1162 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1162 OF 2010 M/s Balaji Developers & anr.. Petitioners vs State of Maharashtra & ors.. Respondents Mr.V.A.Thorat,Sr.Advocate with Mr.S.K.Srivastava and Ms Manorama Mohanty i.b.S.K.Srivastava & Co for Petitioners Ms.Jyoti Chavan with Mr.Sayed Zia i.b Mrityunjay Barai for Respondent no.4 Mr.Anuj Narula i.b Jhangiani Narula & Associates for Joy Builders CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ DATE: 18th November,2010 P.C. 1. Heard learned counsel for both sides. Perused the earlier order passed by this court. By consent of the parties, Petition is disposed of in the following terms: - 2 - wp1162 (i) The amount deposited by the petitioner in this Court pursuant to the order dated 7th September, 2010 and 20th September, 2010 be transferred to the respondent No.3-trust. Within a period of one week from today, the respondent No.3 shall file an undertaking of the trustees of the respondent No.3 to refund the amount which is being transferred to the respondent no.3 pursuant to this order to the petitioner in case the petitioner does not turn out to be the highest bidder in the fresh bids that are to be invited within a period of one week from the date of the order of the Charity Commissioner. (ii) Joy Builders who was given notice pursuant to the order passed on 7th September, 2010 is represented by a counsel and it is wiling to take back the amount - 3 - wp1162 deposited by it with the trust. The trust to refund the amount deposited by Joy Builders within a period of one week from the date on which the amount deposited by the petitioner in this court is transferred to the trust. (iii) The trust within a period of two weeks from today shall issue appropriate advertisement calling offers for sale of the property on as is where is basis without insisting on the successful bidders to enter into any transaction with respondent no.5. Learned counsel appearing for the trust has stated before us that in so far as the trust is concerned, it has not entered into any transaction with the respondent no.5. That statement is accepted. Adequate time shall be given in the advertisement to the offerers to submit their bids. The bids shall be required to be submitted in sealed - 4 - wp1162 envelopes to the trust. Within a period of one week of the last date for submission of bids, the trust shall submit all the envelopes containing the bids along with an application to the Charity Commissioner requesting the Charity Commissioner to open the envelopes and proceed to sell the property in accordance with law. The Charity Commissioner at the time of accepting the highest bids shall also make an appropriate order under section 36 of the Bombay Public Trust Act,1950. (iv) In case the petitioner do not turn out to be highest bidder the respondent no.3-trust shall refund the amount deposited by them to them as per their undertaking referred to above. - 5 - wp1162 (v) Pursuant to the advertisement, any person who is eligible including persons who are parties to the petition shall be entitled to submit their bids. Petition disposed of accordingly. D.K.Deshmukh, J N.D.Deshpande, J - 6 - wp1162