Bombay High Court
S. D. CORPORATION PVT. LTD.versusJAGMOHAN SINGH RANA AND 3 ORS
- Decided
- Disposal
- DISPOSED OFF
- Bench
- M S KARNIKS M MODAK
Holding
The interim application is allowed, permitting the applicant to withdraw Rs. 6,00,000 subject to an undertaking.
Summary
The Bombay High Court considered an interim application filed by S.D. Corporation Pvt Ltd seeking permission to withdraw Rs. 6,00,000 from a larger deposit of Rs. 46,50,000 held in the Court. The respondents, including occupants and various government bodies, opposed the application, arguing that the occupants were held ineligible for rent, and there was no stay on the deposit. The Court noted that the occupants' appeal against the ineligibility order before the GRC was pending, but no stay was in effect, removing any impediment to the withdrawal. Consequently, the Court allowed the withdrawal subject to the applicant filing an undertaking to return the amount if the occupants later succeed in their petitions. The interim application was therefore disposed of in favor of the applicant.
Issues considered
- What is the effect of the occupants' ineligibility on the applicant's right to withdraw a portion of the deposited amount?
- Does the absence of a stay order permit the Court to allow the withdrawal of Rs. 6,00,000?
Subjects
- interim application
- deposit withdrawal
- eligibility
- stay order
- GRC
- rent entitlement
- court order
Judgment
66 Ia-1908-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1908 OF 2023
IN
WRIT PETITION NO. 2295 OF 2022
S. D. Corporation Pvt Ltd ...Applicant
Vs.
Jagmohan Singh Rana And
3 Ors. ...Respondents
*****
Adv. Ajit Hon a/w Adv. Atharva Deshmukh i/by PNP and Associates -
Advocate for the Applicant
Mr. Jagdish G. Aradwad (Reddy) - for the Respondent No. 4-SRA
Ms. Vaishali Ugale – For Respondent/BMC
Mr. Shamrao Gore –AGP for Respondent-State.
*****
CORAM : M. S. KARNIK AND
S. M. MODAK, JJ.
DATE : 22nd JULY 2026
P. C. :-
1. Heard learned counsel for the Applicant-S. D. Corporation Pvt
Ltd..
2. This is an application for permitting the Applicant to withdraw
sum of Rs. 6,00,000/-, out of Rs. 46,50,000/- deposited by the
Digitally signed
by SEEMA
SEEMA KSHITIJ
YELKAR
KSHITIJ Date:
YELKAR 2026.07.23
14:37:17 Seema 1/3
+0530
66 Ia-1908-2023.doc
Applicant in this Court.
3. The Interim application is opposed by the learned counsel for
the Respondents. However, as a matter of record, the occupants have
been held to be ineligible, the question therefore of entitlement to rent
does not arise.
4. Learned counsel for the Occupants submitted that an appeal
against the order of holding the occupants ineligible has been preferred
before the GRC and in some cases, the appeals are dismissed by the
GRC. The order of GRC is challenged in this Court by some
occupants. As of today, there is no stay operating.
5. There is therefore no impediment in allowing the application. In
such view of the matter, for the reasons mentioned in the application,
we are inclined to allow the application in terms of prayer clause (a).
6. Learned counsel for the Applicant-S. D. Corporation Pvt Ltd.
submits that in case the occupants succeeds in the petition which is
pending before the GRC or in the petition which is pending in this
Court, the amounts shall be brought back and paid over to the
occupants in compliance with the direction of the GRC or that of this
Court.
Seema 2/3
66 Ia-1908-2023.doc
7. Let such an undertaking be filed in this Court within a period of
one week from today. Subject to aforesaid, the interim application is
allowed in terms of prayer clause (a).
8. Accordingly, Interim Application is disposed of.
(S. M. MODAK, J.) (M. S. KARNIK, J.)
Seema 3/3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.