H.I.M.S. Botawala Charities And ... vs State Of Maharashtra And 5 Ors
2021 Latest Caselaw 14804 Bom

                      Priya Soparkar                   1         4 wp 1366-09 with ia 799-20-os
         Digitally
         signed by
         PRIYA                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRIYA
RAJESH
         RAJESH
         SOPARKAR                  ORDINARY ORIGINAL CIVIL JURISDICTION
SOPARKAR Date:
         2021.10.08
         14:00:05
         +0530                           WRIT PETITION NO. 1366 OF 2009

                      H.I.M.S.Botawala Charities and anr.               ... Petitioners
                            V/s.
                      State of Maharashtra and ors.                     ... Respondents

                                                      WITH
                                       INTERIM APPLICATION NO.799 OF 2020
                                                       IN
                                         WRIT PETITION NO.1366 OF 2009


                      Sarah Housing Development Private Limited         ... Applicant
                      In the matter between:-
                      H.I.M.S.Botawala Charities and anr.               ... Petitioners
                            V/s.
                      State of Maharashtra and ors.                     ... Respondents
                                                   ---
                      Mr.Kaizer Merchant alongwith Ms.Nidhi Salian i/by M/s Apex Law
                      Partners, Advocates for the Petitioners.
                      Ms.Sayli Apte alongwith Ms.Priyanka Naik i/by Mr.P.G.Lad,
                      Advocates for Respondent Nos.3 to 6/MHADA.
                      Mr.Hemant Haryan, AGP for the Respondent-State.
                                                   ---
                                        CORAM : UJJAL BHUYAN &
                                                   MADHAV J. JAMDAR, JJ.

DATE : OCTOBER 08, 2021.

P.C.:-

By judgment and order dated 31st August, 2021 we had allowed the related writ petition by setting aside the order of acquisition dated 21st December, 2006. Thereafter on praecipe moved by the petitioners, we passed an order on 9th September, 2021 in the following manner:-

"3. We have noted in our judgment and order dated 31st August, 2021 that following orders passed by this court petitioners had made certain deposits in the registry of the court which we are told have been kept in fixed deposits by the learned Prothonotary and Priya Soparkar 2 4 wp 1366-09 with ia 799-20-os

Senior Master of the High Court. Since we have allowed the writ petition, we do not see any good reason to continue maintaining the deposits by the registry.

4. Accordingly, we direct learned Prothonotary and Senior Master of the court to release the amounts deposited by petitioner No.2 after four weeks."

2. It has been brought to our notice that the amounts deposited by petitioner No.2 has by now increased due to accrual of interest. Unless a direction is issued for release of the deposited amount alongwith the accrued interest, Prothonotary and Senior Master of the Court would not release the said amount.

3. In view of the above, we direct Prothonotary and Senior Master of the Court to release the amounts deposited by petitioner No.2 alongwith accrued interest.

(MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) ....