H.I.M.S. Botawala Charities And ... vs State Of Maharashtra And 5 Ors
2021 Latest Caselaw 12994 Bom

                      Priya Soparkar                  1         9 wp 1366-09 with ia 799-20-os

PRIYA                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH                             ORDINARY ORIGINAL CIVIL JURISDICTION
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR
                                         WRIT PETITION NO. 1366 OF 2009
Date: 2021.09.09
14:04:35 +0530
                      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.Sharan Jagtiani, Senior Advocate alongwith Ms.Surabhi Agarwal,
                      Mr.Kaizer Merchant and Ms.Nidhi Salian i/by       M/s Apex Law
                      Partners, Advocates for the Petitioner.
                      Ms.Uma Palsuledesai, AGP for Respondent Nos.1,2 and 7/State.
                      Mr.Prakash G. Lad alongwith Ms.Priyanka Naik and Ms.Prerana
                      Dhoke, Advocates for Respondent Nos.3 to 6/MHADA.
                                                   ---

                                            CORAM : UJJAL BHUYAN &
                                                    MADHAV J. JAMDAR, JJ.

DATE : SEPTEMBER 09, 2021.

P.C.:-

By judgment and order dated 31 st August, 2021, Writ Petition No.1366 of 2009 was allowed by setting aside the order of acquisition dated 21st December, 2006.

2. The matter is listed today on praecipe filed by the petitioners.

Priya Soparkar 2 9 wp 1366-09 with ia 799-20-os

3. We have noted in our judgment and order dated 31 st 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 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.

5. No further order is called for.

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