Bombay High Court
HARBINDER SINGH GULATI AND ANRversusUNION OF INDIA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the applicant’s interim application to refund the deposited amount with interest and disposed of the respondent’s interim application as withdrawn.
Summary
The High Court considered two interim applications filed in Writ Petition No. 7563 of 2021 concerning a sum of Rs 13,89,000 deposited with the court. The parties had reached a settlement, and the applicant sought the refund of the deposited amount with interest, while the respondent sought to withdraw his own interim application. The court noted the settlement evidence and, on the applicant’s request, condoned any delay and ordered the registrar to refund the amount with accrued interest within two weeks. The respondent’s interim application was treated as withdrawn in view of the settlement. Consequently, Interim Application No. 89 of 2026 was allowed and Interim Application No. 7836 of 2023 was disposed of as withdrawn.
Issues considered
- Whether the court may condone delay in filing interim applications in light of a settlement
- Whether the court can order the refund of a sum deposited with it along with accrued interest
- Whether the respondent’s interim application should be withdrawn following the parties’ settlement
Subjects
- settlement
- interim application
- refund of deposit
- interest
- condonation of delay
- High Court
- civil procedure
Judgment
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912-ia-7836.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7836 OF 2023
IN
WRIT PETITION NO. 7563 OF 2021
Anand Rathi Global Finance Limited … Applicant
Versus
Harbinder Singh Gulati … Respondent
WITH
INTERIM APPLICATION NO. 89 OF 2026
IN
WRIT PETITION NO. 7563 OF 2021
******
Ms. Fleur D’Souza i/by Mr. Amit Tungare for Applicant in IA/
7836/2023 (original Respondent No.2 in WP/7563/2021).
Ms. Sunita Serrao i/by P. Vas & Co. for Applicants in IA/89/2026
and for Respondent Nos.1 and 2 in IA/7836/2023.
Mr. A. R. Deolekar, AGP for Respondent-State in WP/7563/2021.
Mr. S. P. Kamble, AGP for Respondent-State in WP/7569/2021.
Digitally signed by
BIPIN BIPIN DHARMENDER
DHARMENDER PRITHIANI
PRITHIANI Date: 2026.08.27
******
17:42:16 +0530
CORAM : MANISH PITALE AND
SHREERAM V. SHIRSAT, JJ.
DATE : 27th AUGUST 2026
P.C. :
. On 12th August 2026, this Court passed the following
order :
“. These petitions have already been disposed of.
Writ Petition No.7563 of 2021:
2. Certain interim applications have been filed in this
petition. In the light of developments that have taken place
recently, the disputes between the parties are settled, due to
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which the petitioners have filed Interim Application No.89 of
2026, seeking permission to withdraw the amount deposited
before this Court.
3. The learned counsel appearing for respondent No.2
confirms the fact that the disputes between the parties have
been settled and perhaps, there would be no objection to the
prayers made in Interim Application No.89 of 2026.
3. The learned counsel appearing for the
applicants/original petitioners in Interim Application No.89 of
2026 filed in this petition, invites attention of this Court to a
document at Exhibit E addressed by respondent No.2, which
indicates the settlement between the parties. On this basis, it is
submitted that this Court may consider allowing the
application, so that the amount of ₹13,89,000/- lying in
deposit with this Court, can be disbursed to the
applicants/original petitioners alongwith accrued interest.
4. It is brought to our notice that respondent No.2 also
filed Interim Application No.7836 of 2023 in this petition,
wherein a similar prayer for withdrawal of amount, has been
made. In the light of settlement between the parties, it appears
that while Interim Application No.89 of 2026 filed by the
original petitioners, can be allowed, Interim Application
No.7836 of 2023 filed on behalf of respondent No.2 may
have to be disposed of as not pressed.
5. Mr. Rajani, learned counsel appearing on behalf of
original respondent No.2 in writ petition, submits that if short
adjournment is granted, specific instructions can be taken
with regard to Interim Application No.7836 of 2023 filed on
behalf of the said respondent. He submits that by way of
abundant caution, he is seeking short adjournment, as some
other advocate was appearing for the said respondent in the
said application.
6. List Interim Application Nos.89 of 2026 and 7836 of
2023 for further consideration/disposal on 27.08.2026, to be
included in the supplementary list.
7. Registry is directed to ensure that the papers pertaining
to both these applications are made available to this Court on
the next date of listing.”
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2. Today, when Interim Application No. 7836 of 2023 is taken
up for consideration along with Interim Application No. 89 of
2026, the learned counsel appearing for the applicant in Interim
Application No. 7836 of 2023, on instructions, makes a statement
that in the light of the settlement between the parties, the said
interim application may be permitted to be withdrawn.
3. The learned counsel appearing for the applicants in Interim
Application No.89 of 2026 i.e. the original petitioners in Writ
Petition No.7563 of 2021 submits that in the light of the proposed
withdrawal of Interim Application No.7563 of 2021 and
settlement between the parties, there is no impediment in allowing
the prayers made in Interim Application No. 89 of 2026, so that
the amount of Rs.13,89,000/- lying in deposit with this Court, can
be disbursed to the said applicants, along with accrued interest.
4. In view of the above, Interim Application No. 7263 of 2021
is disposed of as withdrawn. Interim Application No. 89 of 2026
is allowed in terms of prayer clauses (a) and (b), which read as
follows :
(a) That this Hon’ble Court be pleased to condone the
delay if any, in filing the present Interim Applications;
(b) That this Hon’ble Court be pleased to Hon’ble
Court be pleased to direct the Registrar Appellate Side,
High Court, Bombay to refund the sum of Rs.13,89,000/-
(Rupees Thirteen Lakhs Eighty Nine Thousand Only)
deposited with the Ld. Registrar along with accrued
interest, if any, to the Applicants;
5. Consequently, the Registry is directed to ensure that the
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aforesaid amount of Rs.13,89,000/-, along with accrued interest, is
disbursed to the applicants, within a period of two weeks from
today.
6. The interim applications are disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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