Damodar Shanmugam Mudaliar v. Haresh Manilal Patel And ORS.

3-caw-638-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.638 OF 2018 IN WRIT PETITION NO.1364 OF 2018 Damodar Shanmugam Mudaliar ] Applicant/Petitioner

IN THE MATTER BETWEEN:

Damodar Shanmugam Mudaliar ] Petitioner Vs.

Haresh Manilal Patel and others.

] Respondents .....

Mr. P.C. Kansara i/b Kansara & Thanekar, for Applicant. Ms. Fatima Barodawalla i/b Raval Shah, for Respondent No.1 ....

CORAM :

R.G. KETKAR, J.

DATE :

21ST AUGUST, 2018.

P.C.

Heard Mr. Kansara, learned Counsel for the applicant and Ms. Barodawalla, learned Counsel for respondent No.1. 2.

Perused the order dated 8th August, 2018. It is not in dispute that the applicant has not deposited Rs. 69,39,334/- in this Court on or before 20th August, 2018. Mr. Kansara has handed over keys of the suit premises to Ms. Barodawalla. Ms. Barodawalla confirms receipt of the keys. She states that the Commissioner has fixed hearing of Revision Application No.1037 of 2018 on 27th August, 2018. The Commissioner will not proceed with hearing of Revision Application unless the applicant herein deposits amount of Rs. 69,39,334/- in the Office of the Competent Authority. In view thereof, C.A. is disposed of as infructuous.

3-caw-638-2018.odt 4.

At the request of Mr. Kansara, S.O to 27th August, 2018 at 3.00 p.m along with C.A. No.1584 of 2018 filed in the disposed of Petition. 5.

All the parties including the Commissioner to act upon an authenticated copy of this order.

[R.G. KETKAR, J.]