The Liquidation Committee Bhudargad Nagari Sahakari Patsanstha Ltd v. Jaganath Vinayak Dhopeshwarkar And ANR.

902-ia10253-22.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.05.06 14:25:01 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.10253 OF 2022 IN WRIT PETITION NO.8997 OF 2003 WITH PUBLIC INTEREST LITIGATION NO.196 OF 2004 Jagannath V. Dhopeshwarkar & Ors.

...Petitioners

V/s.

State of Maharashtra & Ors.

...Respondents

Mr.Tejesh Dande with Mr.Pratik Sabrad i/b Tejesh Dande & Associates for the Applicant.

Mr.Ashutosh Kulkarni, Amicus Curiae in PIL No.196 of 2004. Mr.P.P. Kakade, Government Pleader with Mr.B.V. Samant, AGP for the State - Respondent.

Mr.Anil B. Prabhu - Applicant in person in IA No.1985 of 2019 and IA No.392 of 2020 and WP No.8997 of 2003.

CORAM : R.D. DHANUKA & GAURI GODSE, JJ.

DATE : 3RD MAY, 2023.

P.C. :- 1.

This Interim Application is filed on behalf of the Liquidation Committee seeking modification of the order dated 28 October, 2021 passed in Interim Application No.3028 of 2021. Learned advocate for the Applicant has pointed out that the outer limit fixed at Rs.5,000/- for releasing the payments to the individual 1/2

902-ia10253-22.doc investors is causing prejudice to the application received on behalf of the investors. We have heard learned advocate for the Applicant as well as learned Amicus Curiae.

2.

For the reasons mentioned in the Interim Application as well as the additional affidavit, we are inclined to grant clarification as prayed in the Interim Application and in terms of the chart produced annexed at Exhibit - A to the additional affidavit dated 29 April, 2023 filed on behalf of the Applicant. For the reasons stated in the Interim Application as well as the additional affidavit, the Interim Application is allowed in terms of prayer clause (a) and in accordance with the chart annexed at Exhibit - A to the additional affidavit. Rest of the directions in the order dated 28 October, 2021 are not altered and the same shall be followed.

3.

Interim Application is disposed off in aforesaid terms. (GAURI GODSE, J.) (R.D. DHANUKA, J.) 2/2