Mohammed Rafiq Jafferbhai Bagwan v. Sathyaprakash Subramaniam And 2 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) NO.2 OF 2019 IN COMPANY APPEAL NO.62 OF 2015 IN COMPANY PETITION NO.34 OF 2012 Mohamad Rafiq Jafferbhai Bagwan )....Applicant/Review Petitioner V/s.

Sathyaprakash Subramaniam & Ors.)....Respondents ---- Mr.Makarand M.Kale for petitioner/applicant.

[Mohammed Rafiq J.Bagwan-petitioner present]. Ms.Amrita Saldanha for respondents.

---- CORAM : K.R.SHRIRAM,J DATE : 5.4.2019 P.C.:- 1.

Mr.Kale for petitioner/applicant requests that the Prothonotary & Senior Master, High Court, Bombay be directed to pay the amount deposited by respondents together with accumulated interest to petitioner. Mr.Kale on instructions from petitioner who is present in Court, undertakes to deposit the share certificate (original) together with share transfer forms duly signed by petitioner with the Prothonotary & Senior Master, High Court, Bombay. 2.

Ms.Saldanha for respondents states that the Valuer-Bansi Mehta & Co. who was appointed, has raised a grievance that petitioner KJ

2/2 905.RPCL2.19.doc has not paid his share of the fees.

Mr.Kale on instructions states that Prothonotary & Senior Master shall deduct the fees payable to Bansi Mehta & Co. by petitioner and pay that amount to Bansi Mehta & Co. and the balance be paid over to petitioner.

3.

In the circumstances, upon the Prothonotary & Senior Master being satisfied after hearing respondents' Advocate that the original share certificate together with share transfer forms have been submitted to him, will pay over the amount deposited by respondents together with accumulated interest to petitioner after deducting the fees payable to Bansi Mehta & Co. The fees and expenses payable to Bansi Mehta and Company will be paid by Prothonotary and Senior Master directly to them under advice to petitioner. 4.

Ms.Saldanha states that photo copy of the invoice will be handed over to Prothonotary & Senior Master, High Court, Bombay. Ordered accordingly.

5.

Mr.Kale seeks leave to withdraw the Review Petition. Review Petition dismissed as withdrawn.

All to act on authenticated copy of this order. (K.R.SHRIRAM,J) KJ