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TMI Blog2018 (10) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. 2) This appeal is filed against the final judgment and order dated 06.07.2018 passed by the High Court of Judicature at Bombay in Writ Petition No. 5122 of 2018 whereby the High Court dismissed the Writ Petition filed by the appellant herein. 3) It is not necessary to set out the entire factual details except few one, which are necessary for the disposal of the appeal. 4) The appellant (Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Sick Industrial Companies (Special Protection) Act, 1985 (SICA). 7) The appellant (Company) owns and in possession of 263.57 acres of land at Pimpri, Pune on which the factory and the residential colony are built. Some land, however, remains lying idle. 8) The disputes have arisen between the appellant (Company) and the State through its Authority called Maharashtra Housing and Area Devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226/227 of the Constitution of India. It is this order, which has given rise to filing of this appeal by way of special leave by the appellant (Company) in this Court. 11) On 20.09.2018, when this matter came up for consideration, we felt that since all parties to the appeal are either Public Undertaking or/and the State and its agencies (MHADA), the matter should be amicably settled by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was accordingly adjourned for 28.09.2018. 13) The parties, however, on the next date of hearing expressed that it is not possible to come to any mutually acceptable terms due to myriad reasons. The parties, however, requested to refer the matter to any sole Arbitrator and left it to the Court to pass appropriate orders in that behalf including an order appointing an Arbitrator to decide the di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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