Partly allowed

Smt.Bharti Sanjay Bhansali v. Uttar Bhartiya Public Charitable Trust and Ors.

Bombay HC4 Oct 2021IA/1296/2021

Case brief

AI extract

What is this about?

This brief order dismissed an interim application seeking recall of an order dated 21.02.2020, holding pleadings on a past incident were insufficient for review. However, it granted liberty to file a fresh application to deposit an amount and direct acceptance by the opposite party in compliance with prior orders.

What did the court decide?

Liberty granted to file a fresh application for depositing the amount and obtaining direction for its acceptance by the opposite party.

Smt.Bharti Sanjay Bhansali Vs Uttar Bhartiya… — Civil Procedure and Limitation | Bombay HC (2021)

¶1

30.ia.1296.2021.odt

¶2

dik

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

DHANAPPA ERAPPA KOSHTI

¶5

INTERIM APPLICATION NO. 1296 OF 2021 IN

¶6

Digitally signed by DHANAPPA IN ERAPPA KOSHTI Date: 2021.10.0713:04:51 +0530 CIVIL REVISION APPLICATION NO. 945 OF 2012

¶7

Smt Bharti Sanjay Bhansali …Applicant In the matter between Uttar Bhartiya Public Charitable Trust & Ors. ...Applicant. Vs Smt. Bnharti Sanjay Bhansali ... Respondent

¶8

Mr. Belnado Reis i/b Ashish Suryawanshi for the Applicant in I.A. No.1296 of 2021

¶9

Mr. S.G.Deshmukh i/b Ramdas Shelke for the Respondent and the Applicant in C.R.A. No.945 of 2012.

¶10

Manoj S. Patil, Clerk, Court Receiver, High Court, Bombay is present.

¶11

CORAM : A.S.GADKARI, J. DATE : 4 th OCTOBER, 2021

¶12

P.C. :

¶13

This is an application, basically for recalling of the order dated

¶14

21.02.2020 passed in C.R.A. No. 126 of 2011 and for other reliefs including

¶15

the relief for direction to the original petitioner to accept the payment from the

¶16

Applicant/original Respondent in compliance with the orders dated 25.9.2019, 11.10.2019 and 15.10.2019.

¶17

2 . A bare perusal of the order dated 21.02.2020 would clearly

¶18

reveal the circumstances under which this Court was prompted to pass the said

¶19

order. It is tried to be contended by the applicant herein that, the mental state

¶20

1/2

¶21

30.ia.1296.2021.odt

¶22

of the applicant was not proper, and therefore said incident took place in this Court. If it is the fact then it was the moral and legal duty of the applicant, not to send her husband to Court to create such a scenario in this Court. The applicant has failed to do so and therefore no sympathy can be shown to her. Pleadings in the application for recalling of the order dated 21.2.2020 would amount to review of the said order. Even considering the said pleadings of the learned Advocate for the applicant in that behalf, no case for review of the order dated 21.2.2020 is made out.

¶23

Present Application is therefore, dismissed.

¶24

3 . As far as prayer clause (b) in the present application is concerned, it is about permitting the applicant to deposit the amount and directing the original Applicant to accept the payment in compliance with the orders dated 25.9.2019, 11.10.2019 and 15.10.2019. The applicant is granted liberty to file a fresh application for the same incorporating necessary pleadings and annexing separate documents to that application.

¶25

( A. S. GADKARI , J. )

¶26

2/2

Smt.Bharti Sanjay Bhansali v. Uttar Bhartiya Public Charitable Trust and Ors.

Case brief

What is this about?

What did the court decide?

Smt.Bharti Sanjay Bhansali v. Uttar Bhartiya Public Charitable Trust and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr. Smita Ramesh Chogle and Anr. Vs Victor Dmello and Ors.

Jaral David Fernandes Vs Mohammed Wajid Mohammed Wahid Ansari and Anr.

Nandkumar Yadavrao Nimbalkar (Since Decd. Thr.Lrs) Mrs. Bebi Nandkumar Nimbalkar and Ors. Vs Ashish Baliram Tamboli

Mrs. Naseema W/O. Shoib Kasmani Vs Shri. Yusuf E. Khan (Deleted Since Decd) Thru Lhrs

Techno Aid Engineers Thru Partners Vs Smt. Surekha Jagandar Shah and Ors.

Jayprakash Jayram Kalambe Vs Madhusudan @ Madhukar Pratap Kalambe and Ors.