Rekha Indur Chugani v. Bharat Overseas Bank Ltd. And ANR.

wp-9348-2005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9348 OF 2005 Mrs. Rekha I. Chugani ..

Petitioner.

(Orig. Plaintiff) V/s.

Bharat Overseas Bank Ltd.

& Another ..

Respondent.

(Orig. Defendants) Mr. Shriram S. Redij, for the Petitioner.

CORAM: M.S.SONAK,J.

DATE : 27th MARCH, 2015.

P.C:- The issue involved in this Petition was also the issue involved in Writ Petition No.937 of 2006. In fact, the order impugned in the present Petition is common order dated 27th October, 2005 in Stamp No.2656 of 2005 and Stamp No.2686 of 2005.

The connected Writ Petition, which arose out of proceedings in Stamp No.2656 of 2005 has been dismissed. Accordingly, the present Writ Petition is liable to be dismissed and hereby dismissed. Rule is discharged.

There shall be no order as to costs.

The learned Counsel for the Petitioner, however, points out that because there was no interim relief in this Petition and because the S.R.JOSHI

wp-9348-2005 Petitioner did not pay the deficit Court fees, the Civil Suits have been dismissed. If that be so, it shall be open to the Petitioner to take out appropriate application for restoration and payment of Court fees. Such application, if made within a period of four weeks from today, shall be considered by the learned City Civil Court on its own merits and in accordance with law.

(M.S.SONAK,J.) S.R.JOSHI