1. Heard the learned advocates appearing on behalf of respective parties.
2. Considering the request made by learned advocate Mr. K.D. Gandhi pointing out that tender has been invited for selling the land in question and on or before 15th May 2008, tender is to be collected and it should have to be delivered on or before 16th May 2008. Thereafter, tender will be open on 16th May 2008 by the Land Selling Committee consisting of Hon'ble Mr. Justice B.J. Diwan (Retd.). Immediately, petitioner is having estimate to receive more than Rs.17 crores being 50% amount of the total sell amount of land in question. The copy of the tender documents are placed on record just to justify the stand of petitioner.
3. Learned advocate Mr. Niral R. Mehta appearing on behalf of PF Authority raising serious objection if, any time is to be granted to the petitioner, because, according to him, by such method, petitioner is getting the time and due of the PF Authority is not deposited by the petitioner. Therefore, he objected any kind of adjournment sought by petitioner to the present proceedings.
4. I have considered the submissions made by both the learned advocates. The PF Authority require amount as per order passed by PF Authority. At this stage, petitioner is not able to make the payment, because, they do not have such amount with them unless the land in question will sell to purchaser. Merely giving permission to PF Authority for coercive measures will not serve the purpose to have the money from the petitioner. The PF Authority must have to understand that merely demanding the amount from the petitioner and compel to him to deposit it immediately is not proper, but, when bonafide of the petitioner is there, then, PF Authority must have to wait and to give same breathing time to petitioner. This matter is within the control of this Court. If, ultimately, this Court will feel that there is no bonafide on the part of the petitioner, then, this Court have power to pass appropriate orders and control the petitioner by passing the necessary orders in accordance with law. But, at this stage, according to my opinion, some reasonable time must have to be given in light of the submissions made by learned advocate Mr. Gandhi.
5. Accordingly, matter is adjourned to 8th May 2008. Ad-interim relief, granted by this Court earlier, shall remain continue till 8th May 2008.
[H.K.
RATHOD, J.] #Dave