Jeeten Vishal Dutt Sinha v. Ochi Jethanand Ahuja And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2474 OF 2015 IN WRIT PETITION NO. 7202 OF 2015 Jeeten Vishal Dutt Sinha vs.

Ochi J. Ahuja & ors.

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

Registrar's orders.

Mr. Shailesh Shah, Sr. Advocate a/w. Mr. Ashish Mehta i/b Zohair & Co for the Applicant.

Mr. Aarshad Shaikh, Musaddique Shaikh i/b S.D. Prabhu & Co. for the Respondents.

CORAM :

M. S. SONAK, J.

DATE : 02 SEPTEMBER 2015.

P.C. :- 1] Mr. Shailesh Shah, learned senior advocate for the applicant, seeks leave to withdraw this civil application. However, he submits that certain amounts for the period between 1 December 2011 and 28 February 2014 have already been deposited in the bank account of Tanwar Ahuja, who is brother of the respondents. Mr. Shah submits that if the Additional Commissioner finally decides the appeal against the applicant and the respondents seek to withdraw the entire amount deposited in the Appeal Court pursuant to the order made by this Court on 11 August 2015, then the applicant should be at liberty to contend that 1/3

the amount deposited in the account of Mr. Tanwar Ahuja should be adjusted or given credit. This request is reasonable and therefore, liberty is granted to raise such contention. It is further made clear that contentions of all the parties insofar as this issue is concerned is kept open. 2] With liberty as aforesaid, Civil Application is permitted to be withdrawn and is disposed of as such. 3] Mr. Shah, learned senior advocate for the applicant, further makes an additional request, i.e., the applicant be permitted to deposit 50% of the amount in terms of the order dated 11 August 2015 on or before 10 September 2015 and balance 50% on or before 24 September 2015.

4] Again, the request is reasonable and not objected by Mr. Aarshad Shaikh, learned advocate for the respondents and therefore, same is granted.

5] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) 2/3

CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by :

Dinesh S. Sherla Personal Assistant to the Hon'ble Mr. Justice M.S. Sonak Uploaded on :

03/09/2015 3/3