Created by Fuzzy Cloud

Bombay High Court

SNEHA BHAVESH SHETTY AND ANRversusBHAVESH MAHABALA SHETTY

Decided
Disposal
Allowed

Holding

The Court may order the withdrawal of the deposited amount in the maiden name of the respondent despite the original petitioner’s non‑appearance.

Summary

The High Court, acting on its earlier order of 8 September 2025, had permitted Sneha Bhavesh Shetty (Respondent No.1) to withdraw Rs 6,60,000 with interest that had been deposited by the original petitioner, Bhavesh Mahabala Shetty. An interim application was filed seeking that the withdrawal be made in Respondent No.1’s maiden name, Sneha Bankim Joshi. The applicant’s counsel submitted that the original petitioner had been served, but the original petitioner did not appear. The Court, after considering the prayer clause of the interim application, allowed the withdrawal in the maiden name and directed the registry to make the payment. No order as to costs was made and the interim application was disposed.

Issues considered

  • Whether the Court can order payment of the deposited amount in the maiden name of Respondent No.1
  • Whether the absence of the original petitioner affects the grant of the interim relief

Subjects

  • interim relief
  • withdrawal of funds
  • maiden name
  • civil appellate jurisdiction
  • court order

Judgment

                                                                    918-IA-13775-2025.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO.13775 OF 2025
                                                     IN
                                      WRIT PETITION NO.3391 OF 2024


                    Sneha Bhavesh Shetty                                …Applicant
                    IN THE MATTER BETWEEN:
       Digitally
       signed by    Bhavesh Mahabala Shetty                             …Petitioner
       SONALI
SONALI MILIND            Versus
MILIND PATIL        Sneha Bhavesh Shetty & Anr.                         …Respondents
PATIL Date:
       2026.01.17
       15:10:28
       +0530
                    Mr. Ram U. Singh a/w. Mr. Annkur Jain and Ms. Kajal Soni i/b. V.
                    K. Sharma, for the Applicant.
                    Mrs. M. S. Bane, AGP, for the Respondent No.2-State.


                                          CORAM:      MADHAV J. JAMDAR, J.
                                          DATED :     17th JANUARY 2026
                    P. C.:


                    1.       This Court by order dated 8th September 2025 allowed the

                    Respondent No.1-Sneha Bhavesh Shetty to withdraw an amount of

                    Rs.6,60,000/- with accrued interest deposited by the Petitioner-

                    Bhavesh Mahabala Shetty in this Court. The said order is passed in

                    terms of the order dated 18th March 2025 passed by the Supreme

                    Court in Transfer Petition(s) (Civil) No(s).2591 of 2024.




                                                    Page 1
                    Sonali
                                                    918-IA-13775-2025.DOC




2.       The present Interim Application is filed seeking that the

Applicant     be   allowed   to   withdraw    the   said   amount     of

Rs.6,60,000/- with accrued interest in the maiden name of the

Respondent No.1 i.e. Sneha Bankim Joshi.



3.       Mr. Singh, learned Counsel appearing for the Applicant

submits that the original Petitioner has been served.



4.       However, none appears for the original Petitioner.



5.       For the reasons set out in the Interim Application, the same

is allowed in terms of prayer clause (a).



6.       Accordingly, the registry to take steps to pay the said amount

of Rs.6,60,000/- with accrued interest deposited in this Court by

the Petitioner-Bhavesh Mahabala Shetty to the Respondent No.1-

Sneha Bhavesh Shetty in her maiden name-Sneha Bankim Joshi.



7.       The Interim Application is disposed of in above terms with

no order as to costs.



                                             [MADHAV J. JAMDAR, J.]




                                  Page 2
Sonali


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.