SHAMIM EBRAHIM BATAWALAversusBHARAT PETROLEUM CORPORATON

                                                               60-IA-8765-2024-CRA-472-2017.docx



           rrpillai
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 8765 OF 2024
                                                  IN
                              CIVIL REVISION APPLICATION NO. 472 OF 2017

                        Shamim Ebrahim Batawala                 …      Applicant
                                                                     (Resp. No. 2)
                        In the matter between
                        Bharat Petroleum Corporation            …      Applicant
                               vs.
                        Mariam Jamshed Batliwala and Another …         Respondents

                        Mr. Pankaj Sawant, Senior Advocate a/w. Ms. Sheeja John
                        and Ms. Vaishnavi Malusare i/b. M. P. Savla and Co. for the
                        Applicant.
                        Mr. Haresh Jagtiani, Senior Advocate a/w. Mr. Yashpal Jain
                        for the Respondents i/b. Ms. Jahnavi Vora and Ms.
                        Pushpavijay Kanojia for the Respondents.

                                                CORAM : GAURI GODSE, J.

                                                DATE :     16th SEPTEMBER 2026

                        ORDER :


                        1.    This application is for permission to withdraw the

                        balance decretal amount deposited in the Small Causes

                        Court in the execution application. The original defendant

                        filed the civil revision application to challenge the judgment
           Digitally
           signed by
           RAJESHWARI   and order directing payment of mesne profits. As a condition
RAJESHWARI RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2026.09.18
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           +0530
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for staying execution of the impugned order, this court, on

24th August 2017, directed the defendant to deposit the entire

decretal amount. By the same order, this Court permitted the

plaintiffs to withdraw 25% of the decretal amount that would

be deposited in the trial court. The said direction was granted

subject to filing affidavit-cum-undertaking in this court to the

effect that the withdrawal will be subject to final orders to be

passed in the civil revision application. The Small Causes

Court was directed to invest the balance amount.


2.    The original plaintiffs were granted liberty to apply for

withdrawal of any additional amount by filing necessary

application. Accordingly, the present application is filed for

withdrawal of the balance amount.


3.    Learned senior counsel appearing for the applicant

submits that, though the application is filed by original plaintiff

no. 2, she has no objection to the withdrawal of the amount

by both the original plaintiffs. He further submits that the

hearing of the civil revision application was expedited;

however, the civil revision application is not ready for final

hearing. Hence, the present application is filed for permission

to   withdraw   the   balance     amount.     He      submits      that,


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considering the advanced age of the applicants, their prayer

be considered for withdrawal of the balance decretal amount.

A copy of the affidavit-cum-undertaking by the plaintiffs

pursuant to the order dated 24th August 2017 is annexed to

the application. He further submits that the plaintiffs shall file

further affidavit-cum-undertaking that the withdrawal shall be

subject to the outcome of the civil revision application.


4.    Learned senior counsel appearing for the respondents,

i.e., the revision applicant, submits that only one of the

plaintiffs has verified the undertaking annexed to the

application. He therefore submits that the necessary affidavit,

as per directions in the order dated 24 th August 2017, has not

been filed. He further points out that vide order dated 16 th

June 2026, the obstructionist is permitted to be added to the

civil revision application. Necessary amendment is carried

out. However, the added respondent is not yet served. He

therefore submits that he may be granted time to serve the

said respondent and that the civil revision application be

heard finally. He points out that the obstruction has been

removed and the applicants, i.e., the original plaintiffs, are in

possession of the suit premises. He therefore submits that



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there is no reason to permit withdrawal of the balance

amount at this stage.


5.    I have perused the papers of the application. At the

time of admitting the civil revision application on 24 th August

2017, the plaintiffs were permitted to withdraw 25% of the

amount. Considering that the original plaintiffs were senior

citizens, the matter was directed to be granted priority and

accordingly listed under the category of “Senior Citizens”.


6.    Thereafter, the revision applicant had applied for

amendment of the civil revision application, which was

allowed on 18th March 2026. Thereafter, the revision

applicant filed Interim Application No. 8765 of 2024 to add

the obstructionist as a party respondent. By order dated 16 th

June 2026, the obstructionist was directed to be added as a

party respondent. The revision applicant was directed to

serve a copy of the proceedings on the newly added

respondent and file an affidavit of service to that effect.


7.    Till date, the direction has not been complied with, and

the affidavit of service has not been filed. Hence, the civil

revision application is not yet ready for final hearing as no

steps have been taken to serve the added respondent. In

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such circumstances, the learned senior counsel for the

applicant is right in making a grievance that, since the civil

revision application cannot be heard urgently, the applicant-

plaintiffs, who are senior citizens, be permitted to withdraw

the balance decretal amount. The impugned order directing

payment of mesne profits is dated 18 th October 2012. The

appeal by the revision applicant is dismissed on 28 th April

2017.


8.      Since the revision applicant has not taken any steps to

get the civil revision application ready for hearing, it is not

possible to decide the civil revision application finally at this

stage.


9.      Considering the age of the applicants and the reasons

stated in the application, I do not see any ground to refuse

the prayer for withdrawal of the balance decretal amount,

subject to the condition that both the plaintiffs shall file

affidavit-cum-undertaking in this court stating that the

withdrawal shall be subject to the outcome of the civil

revision application. The affidavit-cum-undertaking shall state

that the applicants, i.e., the original plaintiffs, shall abide by

the orders passed by this court and, if any directions are


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issued to bring back the amount so withdrawn, the plaintiffs

shall abide by the order by depositing the amount, if so

directed. Such an affidavit-cum- undertaking duly verified by

both the plaintiffs shall be filed within two weeks from today.

Copy of the undertaking shall be served upon the learned

advocate for the revision applicant.


10.   Subject to filing affidavit-cum-undertaking as directed

by this order, the original plaintiffs are permitted to withdraw

the balance decretal amount deposited in the Small Causes

Court pursuant to the order dated 24 th August 2017 with

accrued interest.


11.   Interim Application is allowed in the aforesaid terms.


Civil Revision Application No. 472 of 2017


12.   List the civil revision application on 16th October 2026.


13.   To be listed under the caption for “Directions”.




                                           [GAURI GODSE, J.]




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