Bombay High CourtRPW/7/2017disposed off

The Saraswat Bank Co-Operative Bank Ltd. v. Smt. Madhuri Madhavsing Sampat (Since Decd) And ANR.

2016-12-20Hon'Ble Shri Justice V.M. Kanade3 pages

1/3 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO.31702 OF 2016 WITH CIVIL APPLICATON (ST) NO.31704 OF 2016 IN REVIEW PETITION (ST) NO.31702 OF 2016 The Saraswant Bank Co-operative Bank Ltd.

.....Petitioner (Original Respondent No.3) V/s Smt. Madhuri Madhavsing Sampat (since deceased) Through LRs 1A Mr. Vasantkumar Madhavsingh Sampat and Others .....Respondents.

ALONGWITH CIVIL REVISION APPLICATION NO.458 OF 2011 The Saraswat Co-operative Bank Ltd.

......Applicant.

V/s Smt. Madhuri Madhavsing Sampat (since deceased) through LR 1A Mr. Vasantkumar Madhavsing Sampat and Others ...... Respondents.

ALONGWITH CIVIL APPLICATION NO.1239 OF 2012 IN

2/3 WRIT PETITION NO.3436 OF 2011 Smt. Madhuri Madhavsing Sampat (since deceased) through LR 1A Mr. Vasantkumar Madhavsingh Sampat and Others ...... Applicants.

V/s Sudeshkumar Maneklal Shivhare and Others ....... Respondents.

ALONGWITH CIVIL APPLICATION NO.1249 OF 2012 IN WRIT PETITION NO.3503 OF 2011 Smt. Madhuri Madhavsing Sampat (since deceased) through LR 1A Mr. Vasantkumar Madhavsing Sampat and Others ...... Applicants.

V/s Maneklal Ramlal Shivhare and Ors.

...... Respondents.

ALONGWITH CAO NO.207 OF 2016 IN CAC NO. 473 OF 2015 The Saraswat Co-operative Bank Ltd.

......Applicant.

V/s Mr. Vasantkumar Madhavsing Sampat and Ors .....Respondents.

3/3 ---- Mr. P.S. Dani, Senior Counsel a/w Mr. Durgesh Kulkarni i/b Durgaprasad Sabnis for the Petitioner in RPWST/31702 of 2016. Mr. Rajesh Maravoor i/b Maravoor Wamorkar & Co. for the Petitioner in WP/3436/2011 and WP/3503/2011.

Ms. R.C. Nichani for Respondent No.1.

Ms. Punita Shah i/b Jay V. Shah for Respondent Nos. 1-B, 1-D, 1-H and 1-I.

---- CORAM: V. M. KANADE, J.

DATE: 20th December, 2016 (In Chamber at 2.35 P.M.) P.C.:- 1] This Review Petition can be disposed of by clarifying that it is open for the Petitioner to apply before the regular court for modification of the order passed by this Court directing the Petitioner to deposit an amount of Rs 1 lakh per month since the Trial Court has fixed the mesne profit @ Rs 23,000/- plus interest per month. 2] With the above clarification, Review Petition is disposed of. Civil Application taken out in Review Petition does not survive and it is also accordingly disposed of.

(V.M. KANADE, J.)