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2023 DAILYLAW 2904 (BOM)

ANAND RATHI GLOBAL FINANCE LIMITED v. HARBINDER SINGH GULATI

IA/7836/2023 · 2026-08-27

body2023

Judgment text

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bipin prithiani 1 912-ia-7836.23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7836 OF 2023 IN WRIT PETITION NO. 7563 OF 2021 Anand Rathi Global Finance Limited … Applicant Versus Harbinder Singh Gulati … Respondent WITH INTERIM APPLICATION NO. 89 OF 2026 IN WRIT PETITION NO. 7563 OF 2021 ****** Ms. Fleur D’Souza i/by Mr. Amit Tungare for Applicant in IA/ 7836/2023 (original Respondent No.2 in WP/7563/2021). Ms. Sunita Serrao i/by P. Vas & Co. for Applicants in IA/89/2026 and for Respondent Nos.1 and 2 in IA/7836/2023. Mr. A. R. Deolekar, AGP for Respondent-State in WP/7563/2021. Mr. S. P. Kamble, AGP for Respondent-State in WP/7569/2021. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 27th AUGUST 2026 P.C. : . On 12th August 2026, this Court passed the following order : “. These petitions have already been disposed of. Writ Petition No.7563 of 2021: 2. Certain interim applications have been filed in this petition. In the light of developments that have taken place recently, the disputes between the parties are settled, due to BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.08.27 17:42:16 +0530 bipin prithiani 2 912-ia-7836.23.doc which the petitioners have filed Interim Application No.89 of 2026, seeking permission to withdraw the amount deposited before this Court. 3. The learned counsel appearing for respondent No.2 confirms the fact that the disputes between the parties have been settled and perhaps, there would be no objection to the prayers made in Interim Application No.89 of 2026. 3. The learned counsel appearing for the applicants/original petitioners in Interim Application No.89 of 2026 filed in this petition, invites attention of this Court to a document at Exhibit E addressed by respondent No.2, which indicates the settlement between the parties. On this basis, it is submitted that this Court may consider allowing the application, so that the amount of ₹13,89,000/- lying in deposit with this Court, can be disbursed to the applicants/original petitioners alongwith accrued interest. 4. It is brought to our notice that respondent No.2 also filed Interim Application No.7836 of 2023 in this petition, wherein a similar prayer for withdrawal of amount, has been made. In the light of settlement between the parties, it appears that while Interim Application No.89 of 2026 filed by the original petitioners, can be allowed, Interim Application No.7836 of 2023 filed on behalf of respondent No.2 may have to be disposed of as not pressed. 5. Mr. Rajani, learned counsel appearing on behalf of original respondent No.2 in writ petition, submits that if short adjournment is granted, specific instructions can be taken with regard to Interim Application No.7836 of 2023 filed on behalf of the said respondent. He submits that by way of abundant caution, he is seeking short adjournment, as some other advocate was appearing for the said respondent in the said application. 6. List Interim Application Nos.89 of 2026 and 7836 of 2023 for further consideration/disposal on 27.08.2026, to be included in the supplementary list. 7. Registry is directed to ensure that the papers pertaining to both these applications are made available to this Court on the next date of listing.” bipin prithiani 3 912-ia-7836.23.doc 2. Today, when Interim Application No. 7836 of 2023 is taken up for consideration along with Interim Application No. 89 of 2026, the learned counsel appearing for the applicant in Interim Application No. 7836 of 2023, on instructions, makes a statement that in the light of the settlement between the parties, the said interim application may be permitted to be withdrawn. 3. The learned counsel appearing for the applicants in Interim Application No.89 of 2026 i.e. the original petitioners in Writ Petition No.7563 of 2021 submits that in the light of the proposed withdrawal of Interim Application No.7563 of 2021 and settlement between the parties, there is no impediment in allowing the prayers made in Interim Application No. 89 of 2026, so that the amount of Rs.13,89,000/- lying in deposit with this Court, can be disbursed to the said applicants, along with accrued interest. 4. In view of the above, Interim Application No. 7263 of 2021 is disposed of as withdrawn. Interim Application No. 89 of 2026 is allowed in terms of prayer clauses (a) and (b), which read as follows : (a) That this Hon’ble Court be pleased to condone the delay if any, in filing the present Interim Applications; (b) That this Hon’ble Court be pleased to Hon’ble Court be pleased to direct the Registrar Appellate Side, High Court, Bombay to refund the sum of Rs.13,89,000/- (Rupees Thirteen Lakhs Eighty Nine Thousand Only) deposited with the Ld. Registrar along with accrued interest, if any, to the Applicants; 5. Consequently, the Registry is directed to ensure that the bipin prithiani 4 912-ia-7836.23.doc aforesaid amount of Rs.13,89,000/-, along with accrued interest, is disbursed to the applicants, within a period of two weeks from today. 6. The interim applications are disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)