Allowed

Rajendra Babulal Malu and Anr. v. Sir Willium Wanless Chest Hospital and Ors.

Bombay HC19 Jun 2006CAL/115/2006

Case brief

AI extract

What is this about?

In a civil application arising from a pending writ petition, the High Court of Bombay dismissed the underlying appeal previously. This application sought an order for the refund of a security deposit of Rs. 2.50 crores and the return of the associated Bank Guarantee furnished by the applicants to the court.

What did the court decide?

Permission to withdraw Rs. 2.50 crores deposit with interest and return of the Bank Guarantee.

Rajendra Babulal Malu and Anr. Vs Sir Willium Wanless Chest Hospital and Ors. — Bombay HC (2006) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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CIVIL APPLICATION NO.115 OF 2006 IN LETTERS PATENT APPEAL NO.309 OF 2002 IN WRIT PETITION NO.1493 OF 2002

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Rajendra Babulal Malu & anr. Applicants

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vs.

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Sir Willium Wanless Chest Hospital & ors. Respondents

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Mr.T.S.Ingale for the applicants.

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Mr.S.M.Kamble for the respondent no.1.

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Mr.P.M.Pastil, A.G.P. for the respondent no.2.

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Mr.G.M.Savagave i/b.Mr.Satish Borulkar for the respondent no.3.

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CORAM : R. M. LODHA & A.S.BAGGA, JJ .

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DATED : 19th June, 2006

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P.C.

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At the outset, the advocate for the applicants submitted that the respondents 5 to 12 be deleted from array of parties. At this request, the names of

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respondents 5 to 12 are allowed to be deleted.

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2. We hear	d the advocate for	the applicants and the
respondents	1 to 3 through thei	r respective advocates.
3.	The applic	ants are the	original	appellants.	By	this
application,	they	pray for	refund of	the	amount	of

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4.	On 17	th	October,	200	2 t	his Court	while	admitting	the
appeal	directed		the	appli	cants	to deposit	a	sum	of
Rs.2.50	crores		and	also	furni	sh Bank	Guarante	e in	the
sum	of	Rs.2.5	0	crores	addit	ionally	within	the	time
granted	in	the	order.		Thi	s Court	further	directed	that
the	amount	of	Rs	.2.50	crores	so	deposited	shall	be
invested	in	a	fixed	depo	sit	with the	Nationa	lised	Bank
initially	for	a	period	of	three	months	and	continue	to
invest	it	on	the	same	terms	and con	ditions.	In	its
order	dated	17th	Octob	er,	2002,	this	Court	observed	that

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at the time of disposal of the appeal, appropriate order

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will be passed. 5. By subsequent order dated 2nd August, 2005 the appeal was dismissed. However, no order was passed

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concerning deposit of Rs.2.50 crores and the Bank

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Guarantee furnished by the appellants.

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6.	The	app	ellants	challenged	the	order	of	this	Court
dated	2nd	August,	2	005 by	filing	the		petition	for
special	leave	to	appeal	before the	Su	preme	Court.		The

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petition for special leave to appeal was withdrawn by

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the appellants on 31st March, 2006.

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7.	It is,	thus,	clear t	hat	thou	gh	the	proceed	ings	have
terminated,	no	order	regarding	the		am	ount	of		Rs.2.50
crores	and the	Ban	k Guaran	tee i	n	the	sum	of		Rs.2.50
crores furnish	ed by the appellan	ts pursuant t	o the order
dated 17th Oc	tober, 2002 has b	een passed.
8.	The re	spective	advocates	for	re	spon	dents	1	and	3
have	no object	ion if	the	applica	tion		is	granted	and	the
applicants	are	permitte	d withd	rawal	of		the	amou	nt	of
Rs.2.50	crores	along	with	interest		acc	rued	thereon		and
return of the	Bank Guarantee	and the ext	ended Bank
Guarantee fur	nished by them.

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9.		Having co	nsidered	the	matter,	we	are	satisfie	d that
the	applic	ants may	be	permitted	withdra	wal	of	the	amount
deposited		by them	along	with	accrued		interest	and	also

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the return of the Bank Guarantee/extended Bank Guarantee.

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Hence the order:

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(i) The applicants are permitted to withdraw an amount of Rs.2.50 crores and the interest accrued thereon.

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The Bank	Guarantee	and	the	extended	Bank
Guarantee	in the	sum	of	Rs.2.50	crores
furnished	by	the	applicants	pursuant	to
the order dated 17t	h October, 2002	are
also ordered to be r	eturned to them.

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. Civil application stands disposed of accordingly.

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(R.M. LODHA,J.)

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(A.S. BAGGA,J.)

Rajendra Babulal Malu and Anr. v. Sir Willium Wanless Chest Hospital and Ors.

Case brief

What is this about?

What did the court decide?

Rajendra Babulal Malu and Anr. v. Sir Willium Wanless Chest Hospital and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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