IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.615 of 2007. Notice of Motion No.615 of 2007. Notice of Motion No.615 of 2007. in in in Writ Petition No.1319 of 2004. Writ Petition No.1319 of 2004. Writ Petition No.1319 of 2004. Mahindra Lifespace Developers Ltd., & Another ..Petitioners versus The State of Maharashtra & Others ..Respondents Mr.P.K.Samdani a/w. mr.P.P.Chavan i/b. Kini & Co. for the Petitioner Mr.S.K. Nair, A Panel Counsel for the State Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & J.P. Devadhar, J. J.P. Devadhar, J. J.P. Devadhar, J. Dated : 4th March, 2008 Dated : 4th March, 2008 Dated : 4th March, 2008 P.C. 1. The learned Counsel appearing for the State of Maharashtra submits that the request of the petitioner for passing an Order in terms of the draft minutes be accepted as it is in consonance with the G.R. dated 23.11.2001 issued by the Government, and the Government has no objection. 2. In view of the statement made on behalf of the State, and as on the claim similar order has been passed in other cases, as per the suggested minutes, we pass the following Order: -2- ORDER i) Without prejudice to the rights and contentions of the parties, the interim order dated 14th July, 2004 is modified as under. ii) The Petitioner No.2 shall deposit with Respondent No.2, the sum of Rs.1,23,99,000/- (Rupees One Crore twentythree lacs ninety nine thousand only) towards the transfer fees claimed in respect of the Petitioner’s premises viz. Unit No.1, admeasuring 8296.25 sq.ft. super built up area on the 8th floor in the building known as Centre 1 situated at World Trade Centre, Cuffe Parade, Colaba, Mumbai 400 021 ("Centre Premises") within two weeks from the date of the order. iii) Upon deposit of the transfer fees with Respondent No.2 as aforesaid, the Petitioners are allowed to assign their rights, title and interest in respect of the -3- Petitioner’s Centre Premises viz. Unit No.1 admeasuring 8296.25 sq.feet super built up area on the 8th floor in the building known as Centre 1 situated at World Trade Centre, Cuffe Parade, Colaba, Mumbai 400 021. iv) In the event of the Petitioners succeeding in the Writ Petition, the Respondent No.2 will refund to the Petitioner No.2 the sum of Rs.1,23,99,000/- together with interest thereon at the rate of 5% per annum. v) Certified copy of the order expedited. ( Chief Justice.) ( Chief Justice.) ( Chief Justice.) (J.P.Devadhar, J.) (J.P.Devadhar, J.) (J.P.Devadhar, J.)