Anjali Lokesh Thadani v. Priya Moti Thadani And ORS

15.WP.7792.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7792 OF 2024 Anjali Lokesh Thadani

...Petitioner

Versus

Priya Moti Thadani & Ors.

...Respondents

Mr. Saurish Shetye i/b. Rutwik Raut, Advocates for Petitioner. Ms Sheetal Prakash a/w. Ravi Goenka, for Respondent No.13. Mr. A.R. Deolekar, AGP for Respondent-State.

CORAM

: N.R. BORKAR & SOMASEKHAR SUNDARESAN, JJ.

DATE : MAY 29, 2024 [VACATION COURT] P. C.

1.

After hearing the matter at some length, the following order would be appropriate to meet the ends of justice :- (a) The Petitioner and Respondent No.13 are given liberty to approach the Learned City Civil Court, Mumbai to submit certified copies of the death certificates of Plaintiffs No.1 and 2 in Commercial Suit No.101120 of Digitally signed by AARTI GAJANAN PALKAR Date:

2024.05.30 02:18:23 +0530 2024 in terms of the Roznama found at Page No.135 of this AARTI GAJANAN PALKAR Writ Petition;

MAY 29, 2024 Aarti Palkar

15.WP.7792.2024.doc (b) The Learned City Civil Court, Mumbai is requested to forthwith pass orders permitting disposal of the funds deposited before the Prothonotary & Senior Master/Registrar (Judicial-I) of this Court upon its consideration of the Consent Terms, if it finds that there is nothing in the Consent Terms that deserves it to be not accepted;

(c) The Prothonotary & Senior Master/Registrar (Judicial-I) of this Court is also requested to provide all assistance to enable the parties to have access to the funds in terms of such order as may be passed by the Learned City Civil Court, Mumbai in terms of sub-para (b) above; 2.

Liberty to mention either before the Vacation Court or before the Regular Bench, depending on what transpires before the Learned City Civil Court, Mumbai.

3.

The parties before us are requested to approach the Learned City Civil Court, Mumbai within the next two days to expedite the matter. The learned City Civil Court is required to expeditiously deal with the Consent Terms.

4.

At this stage, stand over to 10th June, 2024, with liberty to mention before such date should the need arise. [ SOMASEKHAR SUNDARESAN, J.] [ N.R. BORKAR, J. ] MAY 29, 2024 Aarti Palkar