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Bombay High Court

M/S K.A. SHAH AND CO.versusINDUSTRIAL DEVELOPMENT BANK OF INDIA LTD.

Decided
Disposal
Disposed Off

Holding

The interim application is allowed and the hearing is expedited.

Summary

M/s K.A. Shah & Co. filed an interim application in a civil revision proceeding against IDBI Ltd., seeking an early date of hearing. The applicant’s counsel indicated that the prayer for the respondent to deposit money in court would be postponed to the final hearing. The court noted that all partners of the firm are over 60 years old and the underlying eviction suit dates back to 2001, warranting speedy disposal. Accordingly, the judge allowed the interim application, ordered the hearing to be expedited, and directed that the revision application be disposed of in the week commencing 16 February 2026.

Issues considered

  • Whether the court may order an early date of hearing in a civil revision application
  • Whether the direction to deposit money in court is necessary at the interim stage

Subjects

  • civil revision
  • interim application
  • early hearing
  • eviction suit
  • senior partners

Judgment

                                                                        14-IA-12164-2025.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 12164 OF 2025
                                                        IN
                                    CIVIL REVISION APPLICATION NO. 527 OF 2010

                   M/s K.A.Shah And Co.                                      ...Applicant
                               Versus
                   Industrial Development Bank Of India Ltd.                 ...Respondent
SNEHA
NITIN                                          ****
CHAVAN
                   Mr. Rajesh Sahani a/w Reshma Nair i/b Devmani Shukla for the
Digitally signed
by SNEHA
NITIN CHAVAN       Applicant.
Date:
2026.01.17
15:03:25 +0530                                 ****
                                        CORAM : M.M. SATHAYE, J.
                                          DATE : 17th JANUARY, 2026

                   P.C. :


                   1.             Heard learned Counsel for the Applicant.            At the outset,
                   learned Counsel for the Applicant states that he is not pressing prayer
                   clause (b) seeking direction to Respondent to deposit the amount in the
                   Court and the same will be placed at the time of final hearing of CRA.
                   Statement accepted.
                   2.             The Applicant is the Petitioner who is praying for fixing early
                   date of hearing.
                   3.             By additional affidavit, it is contended that all the existing
                   partners of the Applicant firm are above 60 years of age. Perusal of the
                   record indicates that the suit for eviction is of the year 2001.
                   4.             In that view of the matter, application is allowed. Hearing is
                   expedited. Place the Revision Application for disposal in the week
                   commencing from 16.02.2026.


                                                                (M.M. SATHAYE, J.)


                   Sneha Chavan                                                                1


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