Bombay High Court

OM NARAYAN INDUSTRIES AND DEVELOPERS PVT LTD THROUGH ITS DIRECTOR NIRAJ DIPCHANDJI AGRAWALversusTHE SENIOR CONSULTANT PRATAP SPINNING WEAVING AND MANUFACTURING COMPANY LTD

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court approved the settlement whereby petitioners will be accommodated in newly constructed premises by the intervenor at no cost, and the respondent will refund the retained amount after vacating the current premises.

Summary

The High Court entertained a civil application (No. 6789 of 2023) filed by Om Narayan Industries and Developers Pvt. Ltd. seeking to be impleaded as respondent No.2 in Writ Petition No. 9803 of 2015, and granted permission. After hearing the writ petitions, the parties, through their senior counsel, agreed that the petitioners would be relocated to premises to be constructed by the intervenor (Om Narayan Industries) at the intervenor’s cost, to be completed within six months and provided free of charge once habitable. The respondent, Pratap Spinning, Weaving and Manufacturing Co., Ltd., agreed to refund the amount it holds to the petitioners only after they vacate the existing premises. Both sides undertook not to raise any further ancillary issues, and were directed to file joint settlement deeds within two weeks. The court ordered the matter to stand over to 1‑April‑2026.

Subjects

settlement
writ petition
relocation
construction
civil application
intervention

Judgment

                                  {1}                   WP 9803 OF 2015


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            950 WRIT PETITION NO. 9803 OF 2015
 WITH CIVIL APPLICATION NO. 6789 OF 2023 IN WP/9803/2015

    KASHINATH HEMRAJ PATIL (DIED), THR. LRS. GULAB S/O
                          KASHINATH PATIL
                                VERSUS
THE SENIOR CONSULTANT (GENERAL ADMINISTRATION), PRATAP
  SPINNING, WEAVING AND MANUFACTURING COMPANY LTD.,
                  AMALNER, DISTRICT JALGAON
                                    ...
Advocate for the Petitioner : Shri V.D.Hon, Senior Counsel i/b.
                              Shri Ashwin V. Hon
Advocate for Respondent : Shri P.R.Katneshwarkar, Senior Counsel
                             i/b. Mr.R.R.Kazi h/f. Mr. S.V.Dankh
Advocate for Applicant in CA/6789/2023 : Mr.Mohit S.Shah
                                   ....
                  WITH WRIT PETITION NO. 9828 OF 2015
                  WITH WRIT PETITION NO. 9832 OF 2015
                  WITH WRIT PETITION NO. 9806 OF 2015
                  WITH WRIT PETITION NO. 9807 OF 2015
                  WITH WRIT PETITION NO. 9805 OF 2015
                  WITH WRIT PETITION NO. 9810 OF 2015
                  WITH WRIT PETITION NO. 9035 OF 2015
                  WITH WRIT PETITION NO. 9804 OF 2015
                  WITH WRIT PETITION NO. 9827 OF 2015
                  WITH WRIT PETITION NO. 9813 OF 2015
                  WITH WRIT PETITION NO. 9814 OF 2015
                  WITH WRIT PETITION NO. 9825 OF 2015
                  WITH WRIT PETITION NO. 9811 OF 2015
                  WITH WRIT PETITION NO. 9812 OF 2015
                  WITH WRIT PETITION NO. 9826 OF 2015
                  WITH WRIT PETITION NO. 9831 OF 2015
                  WITH WRIT PETITION NO. 9815 OF 2015
                  WITH WRIT PETITION NO. 9816 OF 2015
                            ….
                    CORAM : ABHAY S. WAGHWASE, J.

                    DATE :       18 MARCH, 2026
ORDER :-


1.   Civil Application No.6789 of 2023 is filed by Om Narayan

Industries and Developers Pvt. Ltd., seeking permission for
                                   {2}                   WP 9803 OF 2015


impleading the said party as respondent no.2 in Writ Petition

No.9803 of 2015 and to participate in the proceedings.           For the

reasons mentioned in the said application, permission is granted.

Civil Application No.6789 of 2023 is allowed and disposed of.


2.         Today, after hearing was concluded finally in the writ

petitions, it has been decided and agreed by both the learned Senior

Counsel appearing in the         matters that, petitioners would be

relocated and accommodated          in the premises proposed to be

constructed by Intervenor namely Om Narayan Industries and

Developers Pvt. Ltd., at its own costs. Endeavour shall be made to

complete the construction within a period of six months from date of

receipt of present order. After completion of construction and each of

the premises of each of the petitioners is habitable, petitioners will be

accommodated in such newly constructed premises free of cost.



3.    Both learned Senior Counsel have undertaken that no other

ancillary issues will be raised by the parties. Shri Katneshwarkar,

learned Senior Counsel also undertakes that the amount, which is

retained    with   respondent     Pratap    Spinning,    Weaving      and

Manufacturing Company Limited, will be refunded to each of the

petitioners only after vacating the existing premises.
                                  {3}                  WP 9803 OF 2015


4.    Parties to place on record joint purshis of settlement signed by

both the learned Senior Counsel within a period of fortnight.



5.    Stand over to 01-04-2026.



                                        ( ABHAY S. WAGHWASE )
                                                JUDGE
SPT

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