Kambli 1 Wp872.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.872 OF 2010 ... Janakalyan Sahakari Bank Ltd. and another ...Petitioners v/s. Union of India & ors. ...Respondents ... Mr.Ashish Kamath i/b V.Deshpande & Co. for the Petitioners. Mr.H.V.Mehta with Mr.M.S.Bhandray for Respondent No.1. Mr.Suresh Kumar for Respondents Nos2, 3 & 4. ... CORAM: D.K.Deshmukh & Mrs.Mridula Bhatkar,JJ DATED: 19th July, 2010 P.C.: 1. Heard the learned Counsel for both sides. 2. The only grievance of the Petitioners is that in the process of determining the quantum of the amount that is to be paid by the Petitioner No.1 towards damages and interest, the Petitioner No.1 was not allowed to participate , in asmuch as, show cause notice was not also given to the Petitioners. Kambli 2 Wp872.10 3. The learned Counsel appearing for the Respondents Nos. 1 to 4 states that the Respondents Nos. 1 to 4 are willing to hear the Petitioners on the quantum of the amount and are also willing to redetermine the amount, if necessary. 4. In view of this statement, in our opinion, following order would meet the ends of justice. O R D E R (i) Within a period of four weeks from today, the Petitioners will deposit an amount of Rs. 25,12,454/- with the Respondent No.3 and on deposit being made a show cause notice will be issued to Petitioners asking the Petitioners to show cause why the above referred amount should not be recovered from the Petitioners. (ii) The Petitioners shall be at liberty to submit their Kambli 3 Wp872.10 reply before the Respondent No.3. (iii) The Respondent No.3 shall, thereafter, grant an opportunity of being personally heard to the Petitioners and redetermine the amount. (iv) If the amount redetermined is in excess of Rs. 25,12,454/- deposited by the Petitioners, proceedings for excess amount may be started against the Petitioners. If the amount is less than the amount deposited by the Petitioners, the Respondent No.3 shall refund the excess amount within a period of four weeks from the date of his order. (v) Petition disposed of. (D.K.Deshmukh, J.) (Mridula Bhatkar J.)