M/S. TIMA HOSPITAL THRU. TRUSTEEversusTHE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS

                                                                                           5-WP.15614.2025.doc

        Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
           Digitally
           signed by

JAYANT
           JAYANT
           VISHWANATH
VISHWANATH SALUNKE
SALUNKE    Date:
                                          WRIT PETITION NO. 15614 OF 2025
           2026.09.16
           10:40:18
           +0530




                        M/s. Tima Hospital                             }     Petitioner
                             Versus
                        The State of Maharashtra & Ors.                }     Respondents


                        Mr. Hitesh Dabhi, Advocate for the Petitioner.

                        Ms. Neha S. Bhide, Government Pleader with Mr. P. P.
                        Kakade, Additional Government Pleader and Ms. P. N.
                        Diwan, AgP for Respondent-State.


                                      CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                              ADVAIT M. SETHNA, J.

                                      DATE      : 11th SEPTEMBER, 2026

                        P.C.:
                        1.      We have heard the learned counsel for the Petitioner and the
                        learned Government Pleader on behalf of the State Respondents.

                        2.      The instant Petition is preferred, inter alia, seeking the
                        following reliefs: -

                                “a.   Issue a writ of Mandamus or a Writ in the nature of Mandamus
                                or any other appropriate writ, order, or direction, directing the
                                Respondents to:
                                     (i)     Immediately restore vacant and peaceful physical
                                     possession of the said Hospital Premises, i.e., TIMA Hospital at
                                     Plot No. P-126, MIDC, Khairapathak, Saravali, Boisar, Taluka
                                     Palghar, Maharashtra-401 501, to the Petitioner, free from all
                                     encumbrances and in the same condition as at the time of
                                     requisition, within a time-bound period as may be fixed by this
                                     Hon’ble Court;
                                     (ii)   Forthwith Direct the Respondent no. 1 and 2 to appoint a
                                     Sole Arbitrator under Section 66(2) of the DM Act, to adjudicate
                                     the dispute regarding the quantum of compensation payable to
                                     the Petitioner for the entire period of unlawful occupation (from
                                     17th March, 2020 of TIMA Hospital till actual restoration of

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            possession), including claims for rent, damages, losses, and
            interest @ 18% per annum;
            (iii)   Pay the mesne profits or ad-hoc interim compensation to
            the Petitioner 50% of the amount of Proforma Invoice at Ex. E per
            month plus 18% GST from the date of filing of this Petition itll the
            date of actual handover of possession of the TIMA Hospital,
            pending final determination by the Arbitrator.”

3.     At the outset, the learned Government Pleader appearing on
behalf of the State submits, on instructions, that as the State is
agreeing with the first relief, sufficient time may be accorded to
finalize the said proceedings. Secondly, qua the second and the
third reliefs, she submits that the same would be considered at the
appropriate stage.

4.     Considering the facts and circumstances of the case and in
the light of the statements made by the learned Government
Pleader, we expect the Competent Authority to take a call qua the
first relief within a period of four weeks from today.

5.     The Petitioner is granted liberty to press the second and the
third reliefs before the Competent Authority in accordance with law.
In case the Petitioner is aggrieved, it is at liberty to invoke the
Arbitration clause in accordance with law.

6.     With the aforesaid observations, the Writ Petition is disposed
of.



     [ADVAIT M. SETHNA, J.]                               [CHIEF JUSTICE]




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