-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4465 OF 2007 NO.4465 OF 2007 NO.4465 OF 2007 Hikal Ltd. ...Petitioners v/s Maharashtra Industrial Development Corporation Ltd. and ors. ...Respondents Mr S.U. Kamdar with Mr Kalpesh Joshi i/b M/s Malvi Ranchhodas and Co. for Petitioners. Ms Deepa Chavan i/b M/s Little and Co. for Respondent Nos.1 to 3. Mr M.P.S. Rao i/b Mr S.M. Kazi for Respondent No.4. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 21ST JANUARY 2008. -2- P.C. :- 1. The learned counsel appearing for respondent No.4, who has been allotted the plot, states that the respondent No.4 is willing to participate in the public auction that the respondent No.1 may hold for the plot. The petitioners are also agreeable to the disposal of the petition. Therefore, by consent of the parties viz. petitioners and respondent No.4, the petition is disposed off in following terms. 2. Within one week from today, the respondent No.1 - M.I.D.C. shall publish a notice informing persons who may be interested that they will hold bidding for the plot which is subject matter of this petition on a date to be mentioned in the public notice subject to the terms and conditions which will be stated in the public notice. The date of bidding will be within a period of two weeks from the date of publication of the notice. On that date, public auction of the plot shall be held, the petitioners shall also be permitted to bid if they comply with the terms and conditions of the public notice. If at the auction, the respondent No.4 turns out to be the highest bidder, allotment of the plot in favour of respondent No.4 shall -3- be made at the price for which they have bided. In case the respondent No.4 does not turn out to be the highest bidder, the allotment of the plot in favour of the respondent No.4 shall stand cancelled and the M.I.D.C. shall allot the plot to the highest bidder in accordance with the rules. The bank guarantee that has been furnished by the petitioners shall continue to be current till allotment of the plot is finalised in accordance with this order. Petition is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)