60-IA-8765-2024-CRA-472-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8765 OF 2024 IN CIVIL REVISION APPLICATION NO. 472 OF 2017 Shamim Ebrahim Batawala … Applicant (Resp. No. 2) In the matter between Bharat Petroleum Corporation … Applicant vs. Mariam Jamshed Batliwala and Another… Respondents Mr. Pankaj Sawant, Senior Advocate a/w. Ms. Sheeja John and Ms. Vaishnavi Malusare i/b. M. P. Savla and Co. for the Applicant. Mr. Haresh Jagtiani, Senior Advocate a/w. Mr. Yashpal Jain for the Respondents i/b. Ms. Jahnavi Vora and Ms. Pushpavijay Kanojia for the Respondents. CORAM : GAURI GODSE, J. DATE : 16th SEPTEMBER 2026 ORDER : 1. This application is for permission to withdraw the balance decretal amount deposited in the Small Causes Court in the execution application. The original defendant filed the civil revision application to challenge the judgment and order directing payment of mesne profits. As a condition 1/6 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.09.18 10:33:32 +0530 60-IA-8765-2024-CRA-472-2017.docx for staying execution of the impugned order, this court, on 24th August 2017, directed the defendant to deposit the entire decretal amount. By the same order, this Court permitted the plaintiffs to withdraw 25% of the decretal amount that would be deposited in the trial court. The said direction was granted subject to filing affidavit-cum-undertaking in this court to the effect that the withdrawal will be subject to final orders to be passed in the civil revision application. The Small Causes Court was directed to invest the balance amount. 2. The original plaintiffs were granted liberty to apply for withdrawal of any additional amount by filing necessary application. Accordingly, the present application is filed for withdrawal of the balance amount. 3. Learned senior counsel appearing for the applicant submits that, though the application is filed by original plaintiff no. 2, she has no objection to the withdrawal of the amount by both the original plaintiffs. He further submits that the hearing of the civil revision application was expedited; however, the civil revision application is not ready for final hearing. Hence, the present application is filed for permission to withdraw the balance amount. He submits that, 2/6 60-IA-8765-2024-CRA-472-2017.docx considering the advanced age of the applicants, their prayer be considered for withdrawal of the balance decretal amount. A copy of the affidavit-cum-undertaking by the plaintiffs pursuant to the order dated 24th August 2017 is annexed to the application. He further submits that the plaintiffs shall file further affidavit-cum-undertaking that the withdrawal shall be subject to the outcome of the civil revision application. 4. Learned senior counsel appearing for the respondents, i.e., the revision applicant, submits that only one of the plaintiffs has verified the undertaking annexed to the application. He therefore submits that the necessary affidavit, as per directions in the order dated 24th August 2017, has not been filed. He further points out that vide order dated 16th June 2026, the obstructionist is permitted to be added to the civil revision application. Necessary amendment is carried out. However, the added respondent is not yet served. He therefore submits that he may be granted time to serve the said respondent and that the civil revision application be heard finally. He points out that the obstruction has been removed and the applicants, i.e., the original plaintiffs, are in possession of the suit premises. He therefore submits that 3/6 60-IA-8765-2024-CRA-472-2017.docx there is no reason to permit withdrawal of the balance amount at this stage. 5. I have perused the papers of the application. At the time of admitting the civil revision application on 24th August 2017, the plaintiffs were permitted to withdraw 25% of the amount. Considering that the original plaintiffs were senior citizens, the matter was directed to be granted priority and accordingly listed under the category of “Senior Citizens”. 6. Thereafter, the revision applicant had applied for amendment of the civil revision application, which was allowed on 18th March 2026. Thereafter, the revision applicant filed Interim Application No. 8765 of 2024 to add the obstructionist as a party respondent. By order dated 16th June 2026, the obstructionist was directed to be added as a party respondent. The revision applicant was directed to serve a copy of the proceedings on the newly added respondent and file an affidavit of service to that effect. 7. Till date, the direction has not been complied with, and the affidavit of service has not been filed. Hence, the civil revision application is not yet ready for final hearing as no steps have been taken to serve the added respondent. In 4/6 60-IA-8765-2024-CRA-472-2017.docx such circumstances, the learned senior counsel for the applicant is right in making a grievance that, since the civil revision application cannot be heard urgently, the applicant- plaintiffs, who are senior citizens, be permitted to withdraw the balance decretal amount. The impugned order directing payment of mesne profits is dated 18th October 2012. The appeal by the revision applicant is dismissed on 28th April 2017. 8. Since the revision applicant has not taken any steps to get the civil revision application ready for hearing, it is not possible to decide the civil revision application finally at this stage. 9. Considering the age of the applicants and the reasons stated in the application, I do not see any ground to refuse the prayer for withdrawal of the balance decretal amount, subject to the condition that both the plaintiffs shall file affidavit-cum-undertaking in this court stating that the withdrawal shall be subject to the outcome of the civil revision application. The affidavit-cum-undertaking shall state that the applicants, i.e., the original plaintiffs, shall abide by the orders passed by this court and, if any directions are 5/6 60-IA-8765-2024-CRA-472-2017.docx issued to bring back the amount so withdrawn, the plaintiffs shall abide by the order by depositing the amount, if so directed. Such an affidavit-cum- undertaking duly verified by both the plaintiffs shall be filed within two weeks from today. Copy of the undertaking shall be served upon the learned advocate for the revision applicant. 10. Subject to filing affidavit-cum-undertaking as directed by this order, the original plaintiffs are permitted to withdraw the balance decretal amount deposited in the Small Causes Court pursuant to the order dated 24th August 2017 with accrued interest. 11. Interim Application is allowed in the aforesaid terms. Civil Revision Application No. 472 of 2017 12. List the civil revision application on 16th October 2026. 13. To be listed under the caption for “Directions”. [GAURI GODSE, J.] 6/6