M/S. Western India Oil Distributors Co. Ltd. v. Shri Pravinkumar Jethalal Dave

rpwst-15196&15234-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST. NO.15196 OF 2017 IN WRIT PETITION NO.2764 OF 2016 M/s Western India Oil Distributors Co. Ltd.

..Petitioner Vs.

Pravinkumar J. Dave & Ors ..Respondents WITH REVIEW PETITION ST. NO.15234 OF 2017 IN WRIT PETITION NO.2721 OF 2016 M/s Western India Oil Distributors Co. Ltd. & Anr ..Petitioners Vs.

Pravinkumar J. Dave & Ors ..Respondents Mr. Dilip G Bagwe Review Petitioner Mr. S. N. Vaishnawa a/w Mr. Kunal Vaishnawa i/b M/s N. N. Vaishnawa & Co. for the Respondents Mr. Mahendra Patel Review Petitioner No.2 present Mr. Satish Shetty Manager of Alpana Co-op Hsg Sty Ltd is present CORAM :

R. M. SAVANT, J.

DATE :

11th OCTOBER, 2017 (IN CHAMBER AT 2.45 P.M.) P.C.

By the above Review Petitions, the Review Petitioners are seeking review of the order dated 3-5-2017 passed in the above Writ Petitions. By the said order the above Writ Petitions being No.2764 of 2016 and 2721 of 2016 came to be disposed of in terms of the directions contained in paragraph 4 of the said order.

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rpwst-15196&15234-17 The Learned Counsel appearing for the Petitioner Mr. Bagwe on instructions of the Review Petitioner No.2 who is concerned for the Review Petitioner No.1 and who is personally present in my chambers makes a statement that the Petitioner would pay the amount as mentioned in paragraph 4 of the order under review i.e. Rs.29,50,941/- within 3 weeks from date. In view of the said statement there is now no warrant to consider the Review Petitions, the Review Petitions to accordingly stand disposed of. The representative of the society Mr. M. M. Shetty, Manager of Alpana Co-op Society Ltd., wherein the flat is situated is also present in Chambers and he has produced a letter dated 10-10-2107 addressed to the Learned Counsel Mr. Bagwe wherein the amount up to June 2017 mentioned is Rs.30,88,481.97/-.

It would be open for the Petitioner to pay the said amount without prejudice to his rights and contentions. It would also be open for the Review Petitioner to make a representation to the society if he has any objection of any amount claimed from him. However, it would not act as an impediment to the Petitioner to deposit the amount as recorded in paragraph 2 above. The letter of the society is taken on record and marked as "X" for identification.

The Review Petitions are accordingly disposed of. [R.M.SAVANT, J] mmj