Final Order 1

Order Details: Copy of Judgment
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 1
IN
MARJI APPLICATION NO.115 OF 2023
IN
MESNE PROFIT APPLICATION NO.5 OF 2006
IN
T.E. & R. SUIT NO.57/64 OF 2001
(CNR : MHSCA3-001083-2023)
K. Raheja Corp. Pvt. Ltd. … Applicant /
Original plaintiff No.4
Versus
M/s. Bharat Petroleum Corporation
Limited and ors … Respondent /
Original defendant
Advocate for applicants / original plaintiff No.4 : Smt. Preeti Ramani
and Mr. Arjun Motwani.
Advocate for respondent Nos.6 to 8 : Mr. M. A. Chandan.
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 04.02.2025
ORAL JUDGMENT :
Read the application, say of respondent No.1 at Exh.10
and say of respondent Nos.6 to 8 at Exh.12. Heard. Perused the
record.
2. The original plaintiff No.4 i.e. present applicant is
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seeking to withdraw its proportionate share in the amount deposited
by respondent No.1 / original defendant in this court.
3. As per the report of the Ledger Clerk dated 13.01.2025,
it appears that as of today, an amount of Rs.1,19,25,441/- is lying in
the fix deposit, which was deposited by the original defendant as per
orders passed by the Court.
4. Though the original defendant / respondent No.1 has
raised objection to disburse the proportionate amount of the share of
original plaintiff No.4, there appears no substance in its contention.
On the contrary, the other respondents have admitted the contents of
the application and have supported the claim of the applicant /
original plaintiff No.4.
5. Perusal of record clearly and categorically shows that the
mesne profits are awarded to the plaintiffs from the original
defendant / respondent No.1 in MPP No.5 of 2006. It is also
significant to note here that the original plaintiff No.4 has deposited
court fee of its share amounting to Rs.1,17,000/-.
6. In these circumstances and in view of the no objection
placed by the other original plaintiffs / their representatives, there
appears no hurdle in disbursing the proportionate amount of the
share of original plaintiff No.4 / applicant. As per the contention of
the applicant, its share is 39%, which comes to the tune of
Rs.46,50,922/-, as per the calculation sheet provided by the learned
advocate of original plaintiff No.4 / applicant. In all these
circumstances, the application deserves to be allowed. Hence,
following order :
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ORDER
1. Marji Application is allowed.
2. An amount of Rs.46,50,922/- alongwith
proportionate interest thereon be paid to the
applicant / original plaintiff No.4, after due
verification and identification and as per rules.
3. As regards rest of the prayers of the applicant /
original plaintiff No.4, it is at liberty to approach
appropriate forum by preferring appropriate
proceeding.
(Dictated and pronounced in open court.)
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
04.02.2025
Dictated on : 04.02.2025
Checked & signed on : 04.02.2025
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