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2025 DAILYLAW 31082 (BOM)

NATWARLAL KESHAVLAL SHAH AND ANOTHER v. VASUDEO JAGANNATH AGRAWAL DIED THROUGH LRS SHANTADEVI VASUDEO AGRAWAL DIED AND OTHERS

CA/11690/2024 · 2025-05-06

Shri R M Joshi

body2025

Judgment text

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1 of 3 923-WP.8217.2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 923 WRIT PETITION NO. 8217 OF 2024 NATWARLAL KESHAVLAL SHAH AND ANOTHER VERSUS VASUDEO JAGANNATH AGRAWAL DIED THROUGH LRS SHANTADEVI VASUDEO AGRAWAL DIED AND OTHERS ... Mr. Satyajit S. Bora, Advocate for the Applicants. Mr. Anand P. Bhandari, Advocate for Respondent No.1, 3 to 5. ... CIVIL APPLICATION NO. 5287 OF 2025 IN WP/8217/2024 NATWARLAL KESHAVLAL SHAH AND ANOTHER VERSUS VASUDEO JAGANNATH AGRAWAL DIED THROUGH LRS SHANTADEVI VASUDEO AGRAWAL DIED AND OTHERS … Mr. Satyajit S. Bora, Advocate for the Applicants. Mr. Anand P. Bhandari, Advocate for Respondent No.1, 3 to 5. ... WITH CIVIL APPLICATION NO. 11690 OF 2024 IN WP/8217/2024 NATWARLAL KESHAVLAL SHAH AND ANOTHER VERSUS VASUDEO JAGANNATH AGRAWAL DIED THROUGH LRS SHANTADEVI VASUDEO AGRAWAL DIED AND OTHERS … Mr. Satyajit S. Bora, Advocate for the Petitioners. Mr. Anand P. Bhandari, Advocate for Respondent No.1, 3 to 5. ... CORAM : R. M. JOSHI, J. DATE : 6th MAY, 2025 P.C.:- 1. At the outset, learned Advocate for the Petitioners, on instructions, from the Petitioners who are present in the Court makes 2025:BHC-AUG:13595 2 of 3 923-WP.8217.2024 statement that sum of Rs.1,60,000/- which is stated to have been balance amount payable pursuant to the order passed by the Appellate Court would be deposited in the Appellate Court. This statement made is accepted as undertaking. It is clarified that relying upon this statement, this Court entering upon the merits of the petition. For any reason whatsoever the statement is flauted, the same shall not only result in dismissal of the petition but would also entail the consequences as provided by law including the proceedings under the Contempt of Courts Act. 2. During the course of hearing, learned Advocate for Respondent Nos.1, 3 and 5, on instructions, makes statement or records no objection for setting aside the impugned order subject to application (Exhibit-39) being taken up for hearing and decision along with the appeal expeditiously. 3. Learned Advocate for the Petitioners, on instructions, from the Petitioners who are present in the Court records consent for the such arrangement. 4. In view of the above, impugned order dated 21st March 2024 passed below Exhibit-39 stands set aside. Application (Exhibit-39) is relegated back to the Appellate Court for its decision along with the appeal. The appeal and this petition be decided expeditiously and in any case within a period of six months from today. 3 of 3 923-WP.8217.2024 5. The amount deposited in the Appellate Court be kept in the fixed deposit, which shall be subject to the outcome of the appeal. All issues with regard to Exhibit-39 are kept specifically open. It is expected that the Appellate Court passes order on the issue covered by Exhibit-39, after considering the relevant material placed before it. 6. Writ Petition stands allowed in above terms. 7. In view of disposal of writ petition, civil applications do not survive and they are also disposed of. (R. M. JOSHI, J.) Tauseef