Bombay High Court
HUSSAIN AKBARALI VIRJI AND ANDRversusTANZILA HUSSAIN VIRJI AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the refund of Rs.1,10,000 with interest and disposed of the writ petition as infructuous.
Summary
The petitioners filed a writ petition and an interim application seeking the refund of Rs.1,10,000 that had been deposited in the High Court pursuant to an order dated 21 June 2021. The parties subsequently settled their dispute, filed consent terms in a domestic violence case (C.C. No. 140/DV/2019) before the Mazgaon JMFC, and the case was withdrawn by order of the Lok‑Adalat on 13 December 2025. The petitioners, through counsel, requested that the deposited amount be returned with interest. The Court held that, in view of the settlement, the writ petition had become infructuous and ordered the refund of the amount with any accrued interest, disposing of both the writ petition and the interim application.
Issues considered
- Whether the amount deposited in the Court under the order of 21 June 2021 should be refunded to the petitioner after the parties have settled the dispute.
- Whether the writ petition becomes infructuous upon settlement and withdrawal of the related domestic‑violence case.
Subjects
- refund
- writ petition
- interim application
- settlement
- consent terms
- Lok‑Adalat
- civil procedure
- money deposit
Judgment
30-WP-1969-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1969 OF 2021
ARJUN Hussain Akbarali Virji & Ors. ...Petitioners
VITTHAL Versus
KUDHEKAR
Digitally signed by
Tanzila Hussain Virji & Anr. ...Respondents
ARJUN VITTHAL
KUDHEKAR WITH
Date: 2026.09.23
20:38:54 +0530 INTERIM APPLICATION NO.3178 OF 2021
IN
WRIT PETITION NO.1969 OF 2021
Tanzila Hussain Virji ...Applicant
Versus
Hussain Akbarali Virji & Ors. ...Respondents
——————
Ms. Medhavi Dalvi i/b S. Shamim & Co., for the Petitioners.
Mr. Tejas Vijaykumar Dhotre, for Respondent No.1.
Ms. S. M. Yadav, APP, for the Respondent-State.
——————
Coram: Madhav J. Jamdar, J.
Date: 22 September 2026
P.C.:
1. Ms. Davli, learned Counsel appearing for the Petitioners and Mr.
Dhotre, learned Counsel appearing for Respondent No.1, state that the
dispute between the parties has been settled and that the Consent
Terms have been filed in C. C. No. 140/DV/2019 before the learned
JMFC, 25th Court, Mazgaon, Mumbai. They further state that the said
DV case has been disposed of as withdrawn and the proceedings have
been closed by the Order dated 13th December 2025 passed by the Lok-
Adalat, Mazgaon, Mumbai.
Arjun 1
30-WP-1969-2021.doc
2. Ms. Dalvi, learned Counsel for the Petitioners, points out the
Order dated 21st June 2021 and states that an amount of Rs.1,10,000/-
has been deposited in this Court by the Petitioner No.1 pursuant to the
said Order. She submits that the said amount be directed to be
refunded to Petitioner No.1 along with the accrued interest.
3. Accordingly, the Writ Petition is disposed of as it has become
infructuous.
4. The amount of Rs.1,10,000/- deposited in this Court by Petitioner
No.1 pursuant to the Order dated 21st June 2021 is directed to be
refunded to Petitioner No.1, along with the accrued interest, if any.
5. As the Writ Petition is disposed of, nothing survives in the Interim
Application and the same is also disposed of.
[Madhav J. Jamdar, J.]
Arjun 2
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