WITH
WRIT PETITION NO. 4922 OF 2019

M/s Madhavji And Co. Thru Sole Prop. Kamlesh ….Petitioner
Madhavji
V/S
The Union Of India Thru The Secretary, ….Respondent
Ministry Of Law And Justice And Anr ….Respondent

Page 3/6

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WITH
WRIT PETITION NO. 9675 OF 2019

M/s. S S Mirje And Company ….Petitioner
V/S
The Union Of India Thru The Secretary,ministry ….Respondent
Of Law And Justice And Ors

WITH
WRIT PETITION NO. 10351 OF 2019

M/s. Ferrocare Machines Pvt. Ltd ….Petitioner
V/S
Union Of India Through Ministry Finance Dept. ….Respondent
Revenue Central Board And Ors

WP No.6998/18:

Mr. Shigwan Sandeep Damodar & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 191 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Vishwakarma Radheshyam Hiralal & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 192 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Pednekar Suresh Shantaram & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 193 OF 2013

Indiabulls Financial Services Ltd. … Applicant/Claimant
V/s.

WITH
WRIT PETITION NO. 4922 OF 2019

M/s Madhavji And Co. Thru Sole Prop. Kamlesh ….Petitioner
Madhavji
V/S
The Union Of India Thru The Secretary, ….Respondent
Ministry Of Law And Justice And Anr ….Respondent

Page 3/6

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WITH
WRIT PETITION NO. 9675 OF 2019

M/s. S S Mirje And Company ….Petitioner
V/S
The Union Of India Thru The Secretary,ministry ….Respondent
Of Law And Justice And Ors

WITH
WRIT PETITION NO. 10351 OF 2019

M/s. Ferrocare Machines Pvt. Ltd ….Petitioner
V/S
Union Of India Through Ministry Finance Dept. ….Respondent
Revenue Central Board And Ors

WP No.6998/18:

Mr. Shigwan Sandeep Damodar & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 191 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Vishwakarma Radheshyam Hiralal & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 192 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Pednekar Suresh Shantaram & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 193 OF 2013

Indiabulls Financial Services Ltd. … Applicant/Claimant
V/s.

Judgment pronounced on : November 20, 2019.

Judgment [Per Ranjit More, J.]

1. In the instant petition, the Petitioners being

aggrieved with the actions of Mumbai Metropolitan Regional

Development Authority (MMRDA)-Respondent No.1, have

impugned the following-

patilsr 2/ 45
586/18 final

(i) letter/orders dated 11th February 2014 and 23 rd

December 2014 issued by the MMRDA demanding payment

of penalty premium @ 10% per year on account of alleged

delay in completion of construction of 30,550 sq.mtrs built

up area (BUA) of the building known as “ONE BKC” at Plot

No.C-55, Bandra Kurla Complex, Bandra (E), Mumbai, and

WITH
WRIT PETITION NO. 4922 OF 2019

M/s Madhavji And Co. Thru Sole Prop. Kamlesh ….Petitioner
Madhavji
V/S
The Union Of India Thru The Secretary, ….Respondent
Ministry Of Law And Justice And Anr ….Respondent

Page 3/6

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WITH
WRIT PETITION NO. 9675 OF 2019

M/s. S S Mirje And Company ….Petitioner
V/S
The Union Of India Thru The Secretary,ministry ….Respondent
Of Law And Justice And Ors

WITH
WRIT PETITION NO. 10351 OF 2019

M/s. Ferrocare Machines Pvt. Ltd ….Petitioner
V/S
Union Of India Through Ministry Finance Dept. ….Respondent
Revenue Central Board And Ors

WP No.6998/18:

Mr. Shigwan Sandeep Damodar & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 191 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Vishwakarma Radheshyam Hiralal & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 192 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Pednekar Suresh Shantaram & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 193 OF 2013

Indiabulls Financial Services Ltd. … Applicant/Claimant
V/s.

2. By the present Petition, the Petitioners are challenging the

order dated 30.05.2018 passed by Debt Recovery Appellant Tribunal,

Mumbai (hereinafter referred to as ‘the DRAT’) in Misc. Application

No. 626/2011 in Appeal No. 135/2011. The Petitioners are the

Appellants in the appeal filed before the DRAT. The order directs the

Petitioners to deposit 50% of the amount stated in the notice issued

under Section 13(2) of the Securitization and Reconstruction of

Financial Assets and Enforcement of Securities Act, 2002 (in short

‘the SARFAESI Act). The Petitioners are called upon to deposit a sum

of Rs. 4.57 crores in addition to Rs. 1.75 crores already deposited by

the Petitioners on 12.07.2017. Respondent no. 1 is the assignee in

whose favour State Bank of India has assigned the debt of Petitioner

No. 1 perpetually. Respondent no. 2 is the purchaser of the two

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4 wp5204.19.odt

properties belonging to Petitioner No. 1 viz. Alampur property (Land

admeasuring 12.1875 acres situated at Village Alampur, National

Highway No. 6, Andul, District Hawraha, West Bengal, Mouza

Alampur (land under JL No. 25) and Nagpur property (Plot no. D2,

in Nagpur Industrial Area of M.I.D.C., Village Wadi, Tah. Wadi,

District Nagpur, admeasuring 60,905 sq. meters alongwith building

and construction standing therein.) in the proceedings before the

DRAT.

WITH
WRIT PETITION NO. 4922 OF 2019

M/s Madhavji And Co. Thru Sole Prop. Kamlesh ….Petitioner
Madhavji
V/S
The Union Of India Thru The Secretary, ….Respondent
Ministry Of Law And Justice And Anr ….Respondent

Page 3/6

::: Uploaded on – 20/11/2019 ::: Downloaded on – 21/11/2019 03:32:57 :::
WITH
WRIT PETITION NO. 9675 OF 2019

M/s. S S Mirje And Company ….Petitioner
V/S
The Union Of India Thru The Secretary,ministry ….Respondent
Of Law And Justice And Ors

WITH
WRIT PETITION NO. 10351 OF 2019

M/s. Ferrocare Machines Pvt. Ltd ….Petitioner
V/S
Union Of India Through Ministry Finance Dept. ….Respondent
Revenue Central Board And Ors

WP No.6998/18:

Mr. Shigwan Sandeep Damodar & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 191 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Vishwakarma Radheshyam Hiralal & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 192 OF 2013

The Saraswat Co-op. Bank Ltd. … Applicant/Claimant
V/s.

Mr. Pednekar Suresh Shantaram & Ors. … Respondents

AND
EXECUTION APPLICATION NO. 193 OF 2013

Indiabulls Financial Services Ltd. … Applicant/Claimant
V/s.