- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court dismissing the writ petition filed. The writ petition was filed by the appellant questioning legality of the order passed by the Maharashtra Industrial Development Corporation (in short the 'Corporation') dated 30.3.2005.
(3.) Background facts in a nutshell are as follows: By Resolution dated 17.8.2004 a decision was taken for allotment of land at a particular price. The money was deposited on 9.3.2005 but letter dated 30.3.2005 was written to M/s. Everest Realtors Private Ltd. intimating them that the request for allotment of land in the Airoli, Navi, Knowledge/Apparel Park cannot be considered. The pay orders submitted along with letter dated 9.3.2005 were returned. According to the appellant no reason or basis has been indicated and the High Court misconstrued the prayer in the writ petition as if it was for enforcement of specific performance of contract with the Corporation. The appellant has categorically stated that the subject matter of challenge was the impugned decision taken by the Corporation to repudiate the contract. The High Court erroneously, according to the appellant came to hold that it can be considered by a civil court of competent jurisdiction.;