Life Insurance Corporation Of India v. M/S Vita Private Limited And ANR

DSS p-6-wp-1703-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1703 OF 2015 Life Insurance Corporation of India vs.

M/s. Vita Private Limited & anr.

--------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Shriniwas Bhave a/w. Rupa Bhave and Aarti Kulkarni i/b Bhave & Co. for the Petitioner.

Mr. Prakash Mahadik for the Respondents.

CORAM : M. S. SONAK, J.

DATE : 17 FEBRUARY , 2015 P.C. :- 1] Not on board. Upon production, taken on board. 2] This petition is directed against the order dated 8 January 2015 made by the City Civil Court in Miscellaneous Application No.88 of 2014 in Miscellaneous Appeal No.47 of 2012 permitting the respondents to withdraw the amount of Rs.5 Lacs, which was deposited by the said respondents during the pendency of appeal before the City Civil Court. 3] There is no dispute that the City Civil Court by order dated 29 January 2013 had dismissed the respondents' appeal. However, this Court by judgment and order dated 29 January 2013 made in Writ Petition No.2628 of 2013, 1/2

DSS p-6-wp-1703-15.doc reversed the order dated 29 January 2013 made by the City Civil Court. As against, the decision of this Court, the petitioner has already instituted Special Leave Petition No.19293 of 2014. Though the Hon'ble Apex Court had issued notice on 15 December 2014, there is no interim order granted in the matter.

4] In the aforesaid circumstances, it is not for this Court to make any orders, which are have the effect of grant of interim reliefs in favour of the petitioner. The Hon'ble Apex Court is seized of the matter and therefore, it will not be appropriate for this Court to make any orders. 5] In the aforesaid circumstances, the present petition is not entertained and is accordingly disposed of. (M. S. SONAK, J.) 2/2