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Bombay High CourtWP/1209/2015disposed off

Mr. Pravin T. Kotak v. The Special Recovery And Sales Officer And ORS.

2022-10-11Hon'Ble Shri Justice Madhav J. Jamdar2 pages

1-wp 1209.15.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1209 OF 2015 Mr. Pravin T. Kotak

...Petitioner

V/s.

The Special Recovery & Sales

...Respondents

Officer & Ors.

Mr. Sean Wassoodew a/w Tanmay Karmarkar for Petitioner.

BHALCHANDRA GOPAL DUSANE Ms. Sayli Wani i/by Suhail Khan for Respondent nos. 1 and 2.

BHALCHANDRA GOPAL DUSANE Date: 2022.10.12 18:16:54 +0530 Dr. D.S. Hatle a/w Deepak Jamsandekar for Respondent nos. 3 and 4.

Mr. P.P. Pujari, AGP for State- Respondent no. 5.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

11th OCTOBER, 2022 P.C.:

1.

The Petitioner has challenged order dated 20th November 2014 passed in Revision Application No. 377 of 2011 by the Divisional Joint Registrar, Mumbai Division, Mumbai. 2.

The Advocate of the Petitioner and Advocate of Respondent nos. 1 and 2 have tendered Minutes of Order dated 11th October 2022, signed by the respective Advocates. The said Minutes of

1-wp 1209.15.doc Order is taken on record and marked "X" for identification. The said Minutes of Order reads as under:

"1) The Respondent no.2 will refund the sum of Rs.26,49,000/- to the Petitioner with a simple interest at the rate of 6% p.a. from December 2010 till October 2022 in satisfaction of all the claims of the Petitioner in the following manner:

(a) The principal amount of Rs.26,49,000/- would be paid on 31st October 2022.

(b) Rs.9,40,576.50 being the 50% of the total interest amount i.e. Rs.18,81,153/- would be paid on or before 31st March 2023.

(c) and the remaining interest amount of Rs.9,40,576.50 would be paid on or before 30th June 2023."

3.

In view of said Minutes of Order, order dated 20th November 2014 passed in Revision Application No.377 of 2011 passed by the Divisional Joint Registrar, Mumbai Division, Mumbai is set aside and order in terms of Minutes of Order is passed.

4.

The Writ Petition is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)