Deepa Chheda v. Sharon Sheth And 22 ORS
SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2021.11.16 16:42:30 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.24747 OF 2021 IN COMM. EXECUTION APPLICATION NO.219 OF 2020 IN COMM. SUMMARY SUIT NO.216 OF 2018 Deepa Chheda ...
Applicant and Sukhdev Singh Bansal ...
Org. Plaintiff
Versus
K.
T.Group and Ors.
...
Org. Defendants and The Tahsildar and Executive Magistrate ...
Respondent WITH INTERIM APPLICATION NO.2419 OF 2021 IN WRIT PETITION (L) NO.10687 OF 2021 Deepa Chheda ...
Applicant and Sharon Sheth ...
Petitioner
Versus
The State of Maharashtra and Ors.
...
Respondents WITH WRIT PETITION (L) NO.10687 OF 2021 Sharon Sheth ...
Petitioner
Versus
The State of Maharashtra and Ors.
...
Respondents WITH INTERIM APPLICATION (L) NO.23945 OF 2021 IN SSP 1/4
WRIT PETITION (L) NO.10687 OF 2021 Sukhdev Singh Bansal ...
Applicant and Sharon Sheth ...
Petitioner
Versus
The State of Maharashtra and Ors.
...
Respondents WITH INTERIM APPLICATION (L) NO.19595 OF 2021 IN COMM. EXECUTION APPLICATION NO.219 OF 2020 IN COMM. SUMMARY SUIT NO.216 OF 2018 Sukhdev Singh Bansal ...
Applicant and Sukhdev Singh Bansal ...
Plaintiff
Versus
K.
T.Group and Ors.
...
Org. Defendants and The Tahsildar and Executive Magistrate ...
Respondent Mr. Drupad Patil i/by Mr. Dheeraj D. Patil, for Petitioner in WPL 10687 of 2021. Mr. Kedar Dighe, AGP, for State.
Mr. Rubin Vakil i/by Mr. Sana Khan, for Applicants in IA 2419 of 2021 and IAL 24747 fo 2021.
Mr. Keyval P. Shah, for Applicant in IAL 23945 of 2021, Comm. Execution Application No.219 of 2020, IAL 19595 of 2021 and IAL 10683 of 2021. CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.
DATE:
th NOVEMBER, 2021 P.C.:
1.
Heard the learned Advocates for the parties. Perused the above Interim SSP 2/4
Applications. The learned Advocates for the parties have informed the Court that they have no objection if the Applicant - Deepa Chheda is allowed to withdraw her bid and the amount deposited with the Tahsildar, Borivali is returned to the Applicant with interest accrued if any. In view thereof, we pass the following order : (i) For reasons set out in the above Interim Applications i.e. IA 2419 of 2021 and IAL 24747 of 2021, the Applicant is allowed to withdraw her bid and the Tahsildar, Borivali is directed to handover at the earliest an amount of Rs.2,55,00,000/- (deposited with the State Bank of India) along with accrued interest if any, to the Applicant.
(ii) Upon the said amount being received by the Applicant, the Applicant shall have no claim of whatsoever nature against any of the parties to the above proceedings.
(iii) In view of the above order, the above Interim Applications are accordingly disposed of.
(iv) Writ Petition (L) No.10687 of 2021 also stands disposed of. However, if Flat No.705 is put up for sale, the submissions of the Petitioner qua the said Flat are kept open.
(v) Interim Application (L) Nos.19595 of 2021 and 23945 of 2021 also stands disposed of.
(vi) Comm. Execution Application No.219 of 2020 be placed before SSP 3/4
the learned Single Judge.
(vii) All concerned to act on an ordinary copy of this order duly authenticated by the Private Secretary of this Court. ( MILIND N. JADHAV, J. ) ( S.J.KATHAWALLA, J. ) SSP 4/4