Judgment
5-WP.15614.2025.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15614 OF 2025 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 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date:
2026.09.16 10:40:18 +0530
5-WP.15614.2025.doc 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] 2