1 60.cas.707.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1900 OF 2010 IN SECOND APPEAL NO. 707 OF 2010 WITH IVIL APPLICATION NO. 1901 OF 2010 IN SECOND APPEAL NO. 708 OF 2010 The State of Maharashtra and Another .... Appellants VERSUS Shetkari Sakhar Karkhana (Chandapuri) Ltd. .... Respondent Ms. V. S. Mhaispurkar, AGP for Appellants. Mr. A. Y. Sakhare, Sr. Counsel i/by A. A. Joshi for Respondents. CORAM: K. K. TATED, J. DATED: JANUARY 11, 2011. P.C.: Heard Learned Counsel appearing on behalf of the parties. 2. Both these Civil Applications are preferred by the State of Maharashtra for order of injunction restraining the Respondents by an order of injunction of this Hon'ble High Court, from proceeding with 2 60.cas.707.10 the construction of the factory and for stay of the common Judgment and Decree dated 27 th August, 2010 passed by the learned Ad­hoc District Judge­1, Malshiras in Regular Civil Appeal Nos. 22 and 23 of 2009. 3. The learned AGP appearing on behalf of Applicant submits that the Respondent Company failed to establish their ownership of the said property and therefore in the interest of justice restrained an order of injunction restraining Respondents carrying out construction activity on the suit land be issued. 4. The learned Senior Counsel appearing on behalf of the Respondent pointed out from Affidavit in reply that they have already completed 98% construction work. Tthey received an order dated 5 th January, 2011 from the Under Secretary, Government of India, Ministry of Consumer Affairs, Food and PD Department of Food and PD Directorate of Sugar for setting of sugar factory. In the said order, it is specifically stated that they have to commence the production 3 60.cas.707.10 within two years from the date of this order. 5. Considering the Affidavit­in­Reply filed by the Respondent and the Commissioner's report dated 19 th September, 2003, I am of the opinion that it is not a fit case to grant any relief in the present Civil Application. 6. But, considering the facts of the present case, Respondents are directed to file undertaking in this Court within one week from today that they will carry out and complete the construction work and other activities of the sugar factory at their cost and consequences and they will not claim any equity if the matter goes against them Civil Applications are disposed of accordingly. (K. K. TATED, J.)