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Bombay High Court

S. D. CORPORATION PVT. LTD.versusJAGMOHAN SINGH RANA AND 3 ORS

Decided
Disposal
DISPOSED OFF

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


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