Mr. Dhanpat Vijayraj Bhansali And ... vs M/S. Chandulal Mehta And Co. Pvt. ...
2022 Latest Caselaw 10507 Bom

                                                                   16 CRA-449-22 & 450-22.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
                                   CIVIL REVISION APPLICATION NO.449 OF 2022
  10:29:17 +0530




                     Mr. Dhanpat Vijayraj Bhansali and Ors.             .... Applicants.
                               V/s
                     The Andhra Bank
                     Now merged into Union Bank of India
                     and Ors.                                           .... Respondents.

                                                    WITH
                                  CIVIL REVISION APPLICATION NO.450 OF 2022

                     Mr. Dhanpat Vijayraj Bhansali and Ors.             .... Applicants.
                               V/s
                     M/s. Chandulal Mehta & Co. Pvt. Ltd
                     and Ors.                                           .... Respondents.


                     Mr. Y.S. Jahagirdar, Senior Advocate i/b Mr. Jaydeep Deo for the
                     Applicants in both the Civil Revision Applications.


                                         CORAM: NITIN W. SAMBRE, J.

                                         DATE:    OCTOBER 11, 2022

                     P.C.:-

                     1]       Leave to amend in Civil Revision Application No.450 of 2022
                     Amendment be carried out forthwith.


                     2]       Heard.


                     3]       Admit.



                                               16 CRA-449-22 & 450-22.doc




4]   Call for record and proceedings.

5] It is the contention of Mr. Jahagirdar, learned Senior Counsel appearing on behalf of the Applicants that in view of the judgment of the Apex Court in the matter of Atma Ram Properties (P) Ltd vs. Federal Motors (P) Ltd reported in (2005) 1 SCC 705 and in the matter of State Of Maharashtra & Anr vs M/S Super Max International Private Limited and Others reported in (2009) 9 SCC 772, non- applicants/tenants have already deposited amount of compensation. He would urge that in view of passing of the order impugned, non- applicants/tenants is likely to withdraw the amount of compensation.

6] In the wake of above, until further orders, non-applicants/tenants are restrained from withdrawing the amount of compensation deposited before the court below.

( NITIN W. SAMBRE, J. )