Bombay High CourtWP/3543/2024dismissed

Savannah Lifestyle Pvt . Ltd v. The Official Liquidator

2025-04-30Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak3 pages

2025:BHC-OS:7315-DB Sayyed 9-WP.3543.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3543 OF 2024 WRIT PETITION NO.3543 OF 2024 Savannah Lifestyle Pvt. Ltd.

Savannah Lifestyle Pvt. Ltd.

...Petitioner

Versus

The Official Liquidator & Anr.

...Respondents

WITH WITH INTERIM APPLICATION (L) NO.25501 OF 2024 INTERIM APPLICATION (L) NO.25501 OF 2024 IN IN WRIT PETITION NO.3543 OF 2024 WRIT PETITION NO.3543 OF 2024 Amit Prabhakar Kore Amit Prabhakar Kore ...Applicant ...Applicant

IN THE MATTER BETWEEN

IN THE MATTER BETWEEN:-:-

Savannah Lifestyle Pvt. Ltd.

...Petitioner

Versus

The Official Liquidator & Anr.

...Respondents

_____________________________________________________ Mr. Mandar Soman a/w Ms. Shivani Bhandary i/b. M/s. Solomon & Co. Mr. Mandar Soman a/w Ms. Shivani Bhandary i/b. M/s. Solomon & Co. for the Petitioner in WP/3543/2024.

for the Petitioner in WP/3543/2024.

Mr. Ameet Naik a/w Mr. Abhishek Kale, Mr. Vivek Dwivedi & Mr. Aditya Mr. Ameet Naik a/w Mr. Abhishek Kale, Mr. Vivek Dwivedi & Mr. Aditya Khare i/b. Naik Naik & Co. for the Applicant in IAL/25501/2024. Khare i/b. Naik Naik & Co. for the Applicant in IAL/25501/2024. Mr. Aseem Naphade a/w Mr. Shivaji Masal and Ms. Manasi Pawar i/b. Mr. Aseem Naphade a/w Mr. Shivaji Masal and Ms. Manasi Pawar i/b. Shivaji Masal for Respondent No.1.

Shivaji Masal for Respondent No.1.

_____________________________________________________ CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED : 30 April 2025 PC.:- 1.

Heard learned counsel for the parties.

On 24 April 2025, at the request of Mr. Jamsheed Master who On 24 April 2025, at the request of Mr. Jamsheed Master who appeared on behalf of the Petitioner, we adjourned the matter only appeared on behalf of the Petitioner, we adjourned the matter only because he informed us that an SLP had been filed against order dated because he informed us that an SLP had been filed against order dated 11 March 2025 made by the learned Single Judge and that was to come 11 March 2025 made by the learned Single Judge and that was to come up for hearing on 25 April 2025. Mr. Master also stated that even if, for up for hearing on 25 April 2025. Mr. Master also stated that even if, for

Sayyed 9-WP.3543.2024.docx any reason, the SLP does not come up, this petition would be any reason, the SLP does not come up, this petition would be withdrawn with liberty to apply for restoration in case the Special Leave withdrawn with liberty to apply for restoration in case the Special Leave Petition were to be allowed.

Petition were to be allowed.

The Hon'ble Supreme Court dismissed the SLP on 25 April The Hon'ble Supreme Court dismissed the SLP on 25 April 2025. As such, it was expected that the Petitioner would not press this 2025. As such, it was expected that the Petitioner would not press this petition any further and gracefully withdraw it or allow it to be petition any further and gracefully withdraw it or allow it to be disposed of.

disposed of.

Instead, the Petitioner, by engaging a different counsel, now Instead, the Petitioner, by engaging a different counsel, now points out that a review petition has been filed against the order dated points out that a review petition has been filed against the order dated 25 April 2025 before the Hon'ble Supreme Court. He now suggests that 25 April 2025 before the Hon'ble Supreme Court. He now suggests that liberty should be granted to revive this petition if the review petition is liberty should be granted to revive this petition if the review petition is allowed.

allowed.

Aside from this unfortunate exercise of going back on a Aside from this unfortunate exercise of going back on a solemn statement made to this Court by changing counsel, we believe solemn statement made to this Court by changing counsel, we believe this is merely an attempt to keep the pot boiling. If the review is this is merely an attempt to keep the pot boiling. If the review is allowed, the consequences will follow, and the orders in review will allowed, the consequences will follow, and the orders in review will have to be complied with by all concerned.

have to be complied with by all concerned. But as pointed out by But as pointed out by Mr. Naphade, nothing survives in this petition, particularly after the Mr. Naphade, nothing survives in this petition, particularly after the learned Single Judge's order dated 11 March 2025. Not even an attempt learned Single Judge's order dated 11 March 2025. Not even an attempt was made to argue that anything survives.

was made to argue that anything survives. There is no point in pending There is no point in pending this petition any further. There was no justification to recant the this petition any further. There was no justification to recant the statement earlier made. The Petitioner must pay some costs. statement earlier made. The Petitioner must pay some costs. 6.

For all the above reasons, we dismiss this petition. For all the above reasons, we dismiss this petition. The Interim The Interim Application does not survive and is disposed of. Application does not survive and is disposed of. 7.

The Petition is dismissed after recording and accepting The Petition is dismissed after recording and accepting Mr. Soman's statement made on instructions that the Petitioner would Mr. Soman's statement made on instructions that the Petitioner would

Sayyed 9-WP.3543.2024.docx donate Rs.25,000/- to the Government K.E.M. Hospital within four donate Rs.25,000/- to the Government K.E.M. Hospital within four weeks from today and file a compliance report soon thereafter. weeks from today and file a compliance report soon thereafter. 8.

The account details of the K.E.M. Hospital are as under: - The account details of the K.E.M. Hospital are as under: - Bank Account of Hospital :- Poor Box Charity Fund, K.E.M. Hospital, Mumbai Bank Account Number of Hospital :- 99350100000877 (S.B.) Bank and Branch :- Bank of Baroda, Parel Branch Address. Tel. No. Fax. No. and e-mail of the concerned Bank :- Bank of Baroda, Madina Manzil, 88, Dr. Ambedkar Road, Mumbai - 400 012, Maharashtra, 022-24713820 dppare@bankofbaroda.com MICR Code Number :- 400012246 IFSC Number :- BARB0DBPARE(5th Letter is Zero) PAN :- AAATK3087D Type of Account :- Saving A/C (Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 02/05/2025 14:58:48