Disposed¶26

Dadaso Savalaram Salunkhe v. Raghunath Savalaram Salunkhe

Bombay HC26 Aug 2024IA/1722/2024

Case brief

AI extract

What is this about?

Bombay High Court; Sandeep V. Marne, J.; IA 1722/2024 in WP 9521/2022 and IA 1723/2024 in WP 10030/2022; clarification/modification of Order dated 24 January 2023; Reference Court Order dated 8 June 2022; choice of solvency certificate or bank guarantee; half share in compensation amount; Applicant permitted to submit either bank guarantee or solvency certificate; Interim Applications disposed of.

What did the court decide?

Clarification that the Applicant is permitted to submit either a bank guarantee or a solvency certificate to secure his half share in the compensation amount; the Interim Applications disposed of with the above clarification. ¶26

Dadaso Savalaram Salunkhe Vs Raghunath Savalaram Salunkhe — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Applicant, who had earlier undertaken to furnish a bank guarantee for his half share in the compensation amount, may be permitted to produce a solvency certificate instead, in view of the choice already made available to him by the learned Reference Court's order dated 8 June 2022.

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Court's answer

Since the choice between a solvency certificate and a bank guarantee was already made available to the Applicant by the learned Reference Court, the Court saw no reason why the Applicant could not submit a solvency certificate to secure his half share in the compensation, and accordingly clarified that the Applicant is permitted to submit either a bank guarantee or a solvency certificate to secure his half share in the compensation amount.

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Detailed headnote1 paragraphs

Interim Applications Nos. 1722 and 1723 of 2024 in Writ Petitions Nos. 9521 and 10030 of 2022 (High Court of Judicature at Bombay, Sandeep V. Marne, J., 26 August 2024): The Applicant sought clarification/modification of this Court's Order dated 24 January 2023. Background: by Order dated 8 June 2022 the learned Reference Court had given the Applicant a choice of producing either a solvency certificate or a bank guarantee to the extent of his half share in the compensation amount, and while disposing of the Petitions this Court had recorded his statement that he had submitted, or was going to submit, a bank guarantee in respect of his half share. As the Applicant now desired to produce a solvency certificate in place of the bank guarantee, the Court held that since that choice was already made available to him by the Reference Court, there was no reason why he could not submit a solvency certificate, and clarified that the Applicant is permitted to submit either a bank guarantee or a solvency certificate to secure his half share in the compensation amount. With the above clarification, the Interim Applications were disposed of.

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Sonali Mane

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22-IA-1722-2024 & IA-1723-2024.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1722 OF 2024

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WRIT PETITION NO. 9521 OF 2022

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AND

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INTERIM APPLICATION NO. 1723 OF 2024

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WRIT PETITION NO. 10030 OF 2022

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Dadaso Savalaram Salunkhe … Applicant

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Versus

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Raghunath Savalaram Salunkhe … Respondent

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Mr. P. P. Padmanabh Pise i/b P. Padmanabh & Associates for Applicant.

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Mr. Nilesh Wable a/w Mr. Umesh R. Mankapure, Ms. Stefy J. Dias for Respondent No.1.

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Mr. V. S. Nimbalkar, APP for Respondent No.4- State.

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CORAM : SANDEEP V. MARNE, J. DATE : 26 AUGUST 2024.

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P.C. :

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The Interim Applications are filed seeking clarification/ modification of the Order dated 24 January 2023 passed by this Court.

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MANE SONALI DILIP

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___Page No.1 of 2 ___ 26 August 2024

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Digitally signed byMANE SONALIDILIP Date: 2024.08.3116:50:19 +0530

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Sonali Mane

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22-IA-1722-2024 & IA-1723-2024.docx

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It appears that in the Order dated 8 June 2022 passed by the learned Reference Court, the Applicant was given a choice of producing either a solvency certificate or bank guarantee to the extent of his half share in the compensation amount. While disposing of the Petition this Court recorded a statement on behalf of the Applicant that he had submitted, or he was going to submit bank guarantee in respect of his half share. The learned counsel for the Applicant would submit that the Applicant desires to produce solvency certificate in place of bank guarantee. Since the said choice was already made available to the Applicant by the learned Reference Court, I do not see any reason why the Applicant cannot submit solvency certificate to secure his half share in the compensation. It is therefore, clarified that the Applicant is permitted to submit either a bank guarantee or solvency certificate to secure his half share in the compensation amount.

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With the above clarification, the Interim Applications are disposed of.

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[SANDEEP V. MARNE, J.]

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___Page No.2 of 2 ___ 26 August 2024

Dadaso Savalaram Salunkhe v. Raghunath Savalaram Salunkhe

Case brief

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Dadaso Savalaram Salunkhe v. Raghunath Savalaram Salunkhe

Case brief

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What the court decided

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