ETCO SPINNERS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. By consent, the rule is made returnable forthwith.

(2.) The petitioners seek mandamus directing the respondent Nos. 3 and 4 to grant forthwith the electricity connection (high tension consumer) to the petitioner No. 1 company at its premises, namely plots B-2 and B-3, MIDC, parabhani.

(3.) Undisputed facts in the matter are, that a co-operative spinning mill known as "prabhavati Co-operative Spinning Mill Ltd. ", which existed on the said plots, was ordered to be liquidated by the authorities under the maharashtra Co-operative Societies Act, 1960, hereinafter called as the "cooperative Act" and as a result of the liquidation proceedings the assets of the said society were put to public sale by inviting tenders. The petitioner No. 1 submitted its tender along with some other parties and those tenders were opened on 25-3-2004 and the petitioner No. 1's tender having been found to be the highest, same was accepted by the respondent No. 2, the Liquidator and the petitioner No. 1 was informed to deposit a total amount of Rs. 4.30 crores within 30 days by demand draft to get possession of the property. The petitioner-company accordingly deposited the entire amount of Rs. 4.30 crores on 29-4-2004. The respondent No. 2 thereupon executed an agreement dated 8-7-2004 with the petitioner No. 1 confirming the petitioner No. 1 was the highest bidder and its bid having been accepted and handed over the possession of the assets along with the said plots to the petitioners. Thereafter an agreement of sale was also executed by the respondent No. 2 in favour of the petitioner No. 1 on 26-7-2004 and since then the possession of the said plots is with the petitioners. The final deed of assignment, however, is yet to be executed by the respondent No. 2.