State Of Bank Of India vs Vifor Enterprise
2022 Latest Caselaw 12509 Bom

                                                                        18-WP 10638.2022.doc


K.S. Jadhav
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 10638 OF 2022


    State Bank of India                                        ...Petitioner
             Versus
    VIFOR Enterprise                                           ...Respondent
                                             ----------
    Ms. Mamta Sadh a/w Mr. Ravi Goenka & Mr. Pranil Pawar i/b
    Goenka Law Associates, Advocates for the Petitioner.
    Mr. Ajit C. Tamhane a/w Mr. Rohan Tamhane i/b Tamhane &
    Co., Advocates for the Respondent.
                                             ----------

                                             CORAM        : R.I. CHAGLA, J.

                                             DATE         : 2nd December, 2022.
    ORDER :

1. Heard learned Counsel appearing for the Petitioner. She

has contended that the notice of the mesne profit was not

properly served on the Petitioner / Defendant and the

Petitioner / Defendant could not proceed in the proceeding for

determination of the mesne profits. She states on instructions of

Mr. Hemant Kumar, Law Officer of the Petitioner that the

Petitioners undertake to deposit in the Court of Small Causes an

18-WP 10638.2022.doc

amount of Rs.60 Lakhs, pending the determination of the mesne

profits by the Small Causes Court after hearing the Petitioner.

The statement is accepted.

2. The impugned Judgment and Order dated 25th November

2021 is set aside subject to the Petitioners depositing an amount

of Rs.60 Lakhs with the Small Causes Court within a period of

four weeks from today.

3. The Small Causes Court shall consider the application of

the Respondent / Original Plaintiff after giving opportunity to

the Petitioners / Defendants to participate and be heard on the

Application of mesne profits and thereafter pass an appropriate

order.

4. The Small Causes Court shall endeavour to dispose of the

Application of mesne profits within a period of three months.

5. The Writ Petition is accordingly disposed of.

[R.I. CHAGLA, J.]