1 (CAW 732 of 2011 in WP 7087 of 2008) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 732 OF 2011 IN WRIT PETITION NO.7087 OF 2008 Mrs.Veena Dushyant Malgaonkar ...Applicant Vs. Mrs.Vimlaben Gosalia and Anr. ...Respondents ----- Miss Asha Bhambwani for Applicant ----- CORAM: V.M. KANADE J. DATED: 10th June, 2011 P.C. 1. This is an application for enhancement of compensation awarded by this Court by order dated 17th October, 2008. By the said order, rule was granted and it was made returnable on 9.1.2009. The impugned judgment and order was stayed and the Respondents were directed to pay the damages at the rate of Rs.18,000/- p.m. It appears that the matter was not finally heard though it was made returnable in January, 2009. The Applicant, therefore, has filed this civil application for enhancement of compensation. Reliance is placed on the judgments of the Apex Court in the cases of Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. [(2005) 1 Supreme Court Cases 705] and State 2 (CAW 732 of 2011 in WP 7087 of 2008) of Maharashtra vs. Super Max International Pvt. Ltd. [2009(5) Bom.C.R.556] 2. It will not be possible for this Court to modify the order dated 17th October, 2008 since the said order was passed after the counsel for the Applicant herein was heard. It was open for the Applicant to invite the attention of the Court to the judgment of the Supreme Court in Atma Ram's case which was reported in 2005. The Applicant choose not to rely on those judgments at that time. Now it is not open for the Applicant to seek modification of the order by relying on the judgment in the case of Atma Ram (supra) or the judgment in the case of State of Maharashtra vs. Supermax (supra) which confirms the judgment in Atma Ram's case. 3. Hence, the application for enhancement of compensation is rejected. Civil Application is disposed of. (V.M. KANADE J.)