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Bombay High CourtWP/432/2024dismissed

Deepa Chandrashekar Shetty. And ANR. v. Milind Jaykumar Kole

2024-07-12Hon'Ble Shri Justice N. J. Jamadar2 pages

8. CRA-26-2024 & WP-432-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL REVISION APPLICATION NO. 26 OF 2024 Deepa Chandrashekar Shetty & Anr.

.. Applicants

Versus

Milind Jaykumar Kole .. Respondent WITH WRIT PETITION NO. 432 OF 2024 Deepa Chandrashekar Shetty & Anr.

.. Petitioners

Versus

Milind Jaykumar Kole .. Respondent ....................

 Mr. Prasad L. Gajbhiye for Applicants in Civil Revision Application No.26/2024 and for Petitioners in Writ Petition No.432 / 2024.  Mr. Anilkumar K. Patil, Advocate for Respondent ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 12, 2024 P. C.

:

1.

Heard Mr. Gajbhiye, learned Advocate for Applicants / Petitioners and Mr. Patil, learned Advocate for Respondent. 2.

Mr. Patil has drawn my attention to the directions contained in paragraph No. 2 of the order dated 28.03.2024. He would submit that there was some difficulty on the part of Respondent to accumulate the amount of Rs. One Crore which led to the delay. Mr. Patil in his usual fairness would submit that though the Respondent had accumulated the said amount in order to comply with the directions contained in the above order to show his bonafides, the cheques given by

8. CRA-26-2024 & WP-432-2024.docx Respondent were lying with the Advocate for sometime. Mr. Patil would submit that to show the bonafide of the Respondent, Respondent shall deposit the said amount of Rs. One Crore within a period of one week from today.

3.

In view of the submissions made by Mr. Patil, Respondent is permitted to deposit the amount of Rs. One Crore within a period of one week from today as directed by the above order. It is made clear that deposit of the said amount shall be without prejudice to the rights and contentions of the parties.

4.

Mr. Gajbhiye would submit that deposit of that amount would not entitle the Respondent to claim any equity and this Court shall consider the case of the parties on the next adjourned date. Statement of Mr. Gajbhiye is noted and accepted by the Court. 5.

Stand over to 3rd October, 2024.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.07.12 15:57:59 +0530 RAVINDRA MOHAN AMBERKAR