*1* ca.363.11.cp.394.03.928.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.363 OF 2011 IN COMPANY PETITION NO.394 OF 2003 M/s Usha Cubals Pvt.Ltd.. ..Applicant -versus- The Official Liquidator of M/s Chetan Foundries Ltd. and others. ..Respondents -And- M/s Gargi Uttenes Albertus Pvt.Ltd.. ..Petitioner ............ Mr.Harindar Toor a/w S.R.Gupta i/by M/s Sarwankar & Company, for the Applicant. Mr.Prashant Chavan a/w Suhas Patil i/by Navdeep Vora & Associates, for the Respondent No.2. Mr.R.D.Ajgaonkar, officer of the Applicant, present in person. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 24th November, 2011. P.C.: 1 Heard the learned counsel appearing for the parties. 2 Without going into any larger controversy and since it is stated that the Maharashtra Industrial Development Corporation (MIDC), which is the State of Maharashtra undertaking, is going to recognize the transfer of the plot in favour of the Applicant, but the Company in liquidation, namely, M/s Chetan Foundries Ltd. has defaulted in payment of water charges to the tune of Rs.5,32,611/-, it is stated on instructions by Mr.Toor, learned counsel appearing for the Applicant, that the Applicant will deposit these charges with the MIDC within a period of four weeks from today, without prejudice to its rights and legal contentions. *2* ca.363.11.cp.394.03.928.sxw 3 The Applicant’s authorized officer who is present in the Court has given instructions to Mr.Toor and Mr.Toor has made the statement as recorded above. 4 If the compliance is made with this statement, the learned counsel appearing for the Respondent No.2 (MIDC) states that the MIDC will give effect to the transfer and record it in the official records maintained by the MIDC and thereupon all documents necessary for transferring or recording such transfer and allowing the Applicant to enjoy the property, shall be executed by the MIDC with the Applicant. 5 In the light of this statement, without prejudice to the rights and contentions of the Applicant, this application is disposed of. No costs. (S.C. Dharmadhikari, J)