Smt.Bharti Sanjay Bhansali v. Uttar Bhartiya Public Charitable Trust And ORS.

30.ia.1296.2021.odt dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION DHANAPPA ERAPPA KOSHTI INTERIM APPLICATION NO. 1296 OF 2021 DHANAPPA ERAPPA KOSHTI Date: 2021.10.07 13:04:51 +0530 IN CIVIL REVISION APPLICATION NO. 945 OF 2012 Smt Bharti Sanjay Bhansali ...Applicant In the matter between Uttar Bhartiya Public Charitable Trust & Ors. ...Applicant.

Vs Smt. Bnharti Sanjay Bhansali ... Respondent Mr. Belnado Reis i/b Ashish Suryawanshi for the Applicant in I.A. No.1296 of Mr. S.G.Deshmukh i/b Ramdas Shelke for the Respondent and the Applicant in C.R.A. No.945 of 2012.

Manoj S. Patil, Clerk, Court Receiver, High Court, Bombay is present. CORAM : A.S.GADKARI, J.

DATE : 4th OCTOBER, 2021 P.C. :

This is an application, basically for recalling of the order dated 21.02.2020 passed in C.R.A. No. 126 of 2011 and for other reliefs including the relief for direction to the original petitioner to accept the payment from the Applicant/original Respondent in compliance with the orders dated 25.9.2019, 11.10.2019 and 15.10.2019.

2.

A bare perusal of the order dated 21.02.2020 would clearly reveal the circumstances under which this Court was prompted to pass the said order. It is tried to be contended by the applicant herein that, the mental state 1/2

30.ia.1296.2021.odt of the applicant was not proper, and therefore said incident took place in this Court. If it is the fact then it was the moral and legal duty of the applicant, not to send her husband to Court to create such a scenario in this Court. The applicant has failed to do so and therefore no sympathy can be shown to her. Pleadings in the application for recalling of the order dated 21.2.2020 would amount to review of the said order. Even considering the said pleadings of the learned Advocate for the applicant in that behalf, no case for review of the order dated 21.2.2020 is made out.

Present Application is therefore, dismissed.

3.

As far as prayer clause (b) in the present application is concerned, it is about permitting the applicant to deposit the amount and directing the original Applicant to accept the payment in compliance with the orders dated 25.9.2019, 11.10.2019 and 15.10.2019. The applicant is granted liberty to file a fresh application for the same incorporating necessary pleadings and annexing separate documents to that application. ( A. S. GADKARI , J. ) 2/2