Bombay High Court
The Municipal Corporation Of ... vs Samta Nagar Chs Union Limited And ... on 30 March, 2021
Bench: R.D. Dhanuka
Chamber matter-WP-1699 of 2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1699 OF 2016
Samata Nagar Co-operative Housing
Societies Union Limited and Anr. ... Petitioner
Versus
Municipal Corporation of Greater Mumbai
and Ors. ... Respondents
WITH
INTERIM APPLICATION (L) NO. 8615 OF 2021
IN
WRIT PETITION NO. 1699 OF 2016
The Municipal Corporation of Greater Mumbai ... Applicant
IN THE MATTER BETWEEN
Samata Nagar Co-operative Housing
Societies Union Limited and Anr. ... Petitioners
Versus
Municipal Corporation of Greater Mumbai
and Ors. ... Respondents
Mr. Bhushan Deshmukh a/w Mr. Aryan Srivastava i/b M/s Wadia
Ghandy and Co., for the Petitioners.
Mr. A. Y. Sakhare, Senior Advocate a/w Mr. Rohan Mirpury, Ms. Trupti
Puranik, for Respondent No.1- MCGM.
Ms. Priyanka Naik i/b Mr. P.G. Lad, for Respondent No.2-MHADA.
Mr. Sukanta Karmarkar, AGP, for State- Respondent No.3.
Shri. Abhijit Sankhe AE(BP) R Ward and Shri. Akshay Dudhane SE(BP)
R Ward present.
CORAM : R. D. DHANUKA, J.
DATE : 30th March, 2021.
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Chamber matter-WP-1699 of 2016.odt
PC:
The Division Bench comprising of R.D. Dhanuka and Madhav J.
Jamdar, JJ had disposed of this Writ Petition on 5 th February, 2021. The
Municipal Corporation has filed Interim Application (L) No. 8615 of
2021 inter alia praying for extension of time to refund the amount
directed by the said Judgment dated 5 th February, 2021 by a period of
four weeks with effect from 2nd April, 2021.
2 The petitioners have filed a praecipe for speaking to the minutes
of the said order. Since Madhav J. Jamdar, J. is not available for few
more days, by consent of both the parties, Interim Application filed by
the Municipal Corporation and application for speaking to the minutes
of order dated 5th February, 2021 are being disposed of in view of the
urgency.
3 So far as Interim Application (L) No. 8615 of 2021 is concerned,
Mr. Sakhare, learned senior counsel for Municipal Corporation, states
that his client has already filed Special Leave Petition on 12 th March,
2021 before the Hon'ble Supreme Court against the said judgment dated
5th February, 2021 delivered by this Court being Special Leave Petition
No. 5130 of 2021 and the same is likely to be listed on board shortly.
Since the time to refund the amount is expiring on 2 nd April, 2021,
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Chamber matter-WP-1699 of 2016.odt
Municipal Corporation seeks extension of time for four weeks to refund
the said amount in view of the pendency of Special Leave Petition.
4 Since the Special Leave Petition is already filed by the Municipal
Corporation and there being the vacation of the Hon'ble Supreme Court
from 29th March, 2021 to 3rd April, 2021, time to refund the amount is
extended by a period of three weeks from 2nd April, 2021.
5 So far as the praecipe filed by the petitioners is concerned, the
petitioners seek clarification in so far as prayer clause (b) granted by this
Court by the said judgment is concerned.
6 The Municipal Corporation was allowed to withdraw the amount
of Rs. 27 crores by the Hon'ble Supreme Court which was deposited by
the petitioners. It is not in dispute that when the Municipal Corporation
had actually withdrawn the said amount of Rs. 27 crores, it was with
accrued interest as on 31 st October, 2020 as Rs.318920143/-. Mr.
Sakhare, learned senior counsel for the Municipal Corporation, on
instructions, does not dispute the fact that the amount accrued with
interest as on 31st October, 2020 and withdrawn was Rs.318920143/-.
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Chamber matter-WP-1699 of 2016.odt
7 It is thus clarified that the said amount of Rs.27 crores mentioned
in second line of para 149 (b), shall be read as "Rs.318920143".
8 It is further clarified that the petitioners would be entitled to
interest at the rate of 6% per annum on Rs.27 crores from the date of
the withdrawal of the said amount pursuant to the liberty granted by the
Hon'ble Supreme Court till payment.
9 Order dated 5th February, 2021 stands clarified in aforesaid terms.
10 Interim Application as well as the praecipe are disposed of in
aforesaid terms.
11 Parties to act on copy of this order duly authenticated by the
Associates of this Court .
( R. D. DHANUKA, J.)
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