Saraswatibai Bishwambharlal ... vs Poonam Consul And Ors
2022 Latest Caselaw 10497 Bom

                                                                                   34 WP-12476-2016.doc

BDP-SPS-TAC



  BHARAT
  DASHARATH
  PANDIT
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  Digitally signed by
  BHARAT
                                           CIVIL APPELLATE JURISDICTION
  DASHARATH
  PANDIT
  Date: 2022.10.13
  17:43:41 +0530
                                           WRIT PETITION NO.12476 OF 2016
                                                       WITH
                                           WRIT PETITION NO.9555 OF 2016


                        Saraswatibai Bishwambharlal Charity Trust                   ...Petitioner.
                                         V/s
                        Poonam Consul and Ors.                                      ....Respondents.

                                                          WITH
                                       CIVIL REVISION APPLICATION NO.475 OF 2015
                                                          WITH
                                            CIVIL APPLICATION NO.666 OF 2016
                                                            IN
                                       CIVIL REVISION APPLICATION NO.475 OF 2015

                        Saraswatibai Bishwambharlal Charity Trust                   ...Petitioner.
                                         V/s
                        Mr. Bhuvneshwarswarup Bhatnagar and Anr.                    .Respondents.


                        Ms. Jinal Shah i/b Abhishek Prabhu for the Petitioner in both Writ
                        Petition and CRA.
                        Ms. Gauri Mestha for Respondent Nos. 1 to 3.

                                                 CORAM: NITIN W. SAMBRE, J.

                                                  DATE:     OCTOBER 11, 2022

                        P.C.:-

                        1]       Ms.    Shah, learned Counsel      appearing for the Petitioner, on

instructions from Trustees of the Petitioner-Trust seeks time.

34 WP-12476-2016.doc

2] This Court on 4th October, 2022 having regard to pendency of

the Petition for last more than six years has granted last chance in the

matter.

3] Present Petition questions the order passed by the Appellate

Bench of the Small Causes Court, Mumbai rejecting the prayer of the

Petitioner for issuing stay to the effect and operation of the judgment

and order dated 4/12/2015 passed by the Trial Judge in RAD Suit

No.917 of 2011 below Exhibit-9.

4] Counsel for the non-applicant opposed the prayer for

adjournment.

5] In the aforesaid backdrop, since in spite of last chance

adjournment is sought, Petitioner-Trust is saddled with costs of

Rs 50,000/- to be deposited before the Appellate Court in pending

Appeal No.472 of 2015 within a period of two weeks from today.

Respondent/Plaintiff shall be entitled to withdraw 50% of the amount

34 WP-12476-2016.doc

of costs and balance 50% shall be diverted to the Maharashtra State

Legal Aid Services Authority.

6) Needless to clarify that that this Court has not stayed the

proceedings of Appeal No.472 of 2015 and the Appellate Bench of the

Small Causes Court shall proceed ahead with hearing of the Appeal.

7] Matter to come up for consideration on 28/11/2022. If the

Petitioner fails to work out the matter on the said date, Court will be

constrained to dismiss the Petition.

( NITIN W. SAMBRE, J. )