Satish S/O Dr. M. S. Joshi v. Bank Of Maharashtra And ORS

lpa278.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTER PATENT APPEAL NO.278 OF 2012 Satish s/o Dr.M.S.Joshi ...Appellant vs.

Bank of Maharashtra & Ors.

...Respondents

Mr.H.S.S.Murthy I/b Ms Pinky Bansali for the Appellant Mr.Jayesh Desai a/w Durgaprasad Halwai I/b Singhi & Co. for the respondent No.1 CORAM : A.S.OKA, & M.S.SONAK, JJ.

DATE : SEPTEMBER 18, 2018 Digitally signed by Shubhashri Shridhar Pathak Date:

2018.09.26 14:49:29 +0530 Shubhashri Shridhar Pathak P.C.:

Our attention is invited to the decision of the Apex Court in the case of Life Insurance Corporation of India vs. Nandini J. Shah and others1. There is no dispute that in view of the law laid down by the Apex Court in the said decision, this Letter Patent Appeal is not maintainable.

The learned counsel for the appellant seeks continuation of interim relief which request is opposed by the learned counsel for the respondent. However, we find that by order dated 5th July 2018, after hearing the contesting respondents, the appeal was admitted and interim relief was granted.

We, therefore, dispose of this Appeal as not 2018 SCC Online SC 142

lpa278.doc maintainable. To enable the appellant to adopt appropriate remedy against the impugned Judgment and Order, we direct that interim relief granted on 5th July 2018 will continue to operate for a period of eight weeks weeks from today.

(M.S.SONAK,J.) (A.S.OKA,J.)