1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.570 OF 2008 IN WRIT PETITION NO.6073 OF 2007 State Bank of India. ...Petitioner. vs. 1.Sriniwas Cotton Mills Ltd. and another. ...Respondents. And Venkateshwar Somani. ...Applicant. --- Dr.V.V.Tulzapurkar i/b. M/s.Wadia Gandhy & Co., for intervenor-applicant. Mr.Ravi Kadam, Advocate General with Mayur Shetty & D.G.Dhanve i/b. M.V.Kini & Co. for orig. petitioner. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 18th June, 2008. 2 P.C.:- 1. This is an application made by the applicant for being joined as respondent in the petition. In the petition, the petitioner-Bank has challenged the orders passed by the Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal in so far as the rate of interest is concerned. In short, the bank in this petition is claiming that it is entitled to higher decreetal amount. According to the applicant, the applicant is willing to pay whatever amount that is payable by the respondent-Sriniwas Cotton Mills Ltd. to the Bank under the decree passed by the D.R.T. And D.R.A.T. The learned Counsel appearing for applicant states that today, according to the applicant, an amount of Rs.36,89,91,531/- is due under the decree to the bank and he is willing to hand over a cheque of that amount today itself to the petitioner. His submission is that on making payment of the decreetal amount he should be joined as respondent in the petition so that he gets right of 3 audience. 2. The request is opposed by the petitioner. According to the petitioner, the applicant has no locus standi, and his contract is with the respondents. In our opinion, however, in view of the fact that the applicant is offering to pay the entire decreetal amount, it will be in the interest of everybody involved, if on making of payment of decreetal amount the applicant be permitted to be joined as respondent and such an order will not be prejudicial to the interest of the bank also. In our opinion, therefore, the following order would meet the ends of justice:- (i) Without prejudice to its rights and contentions in the petition, the petitioner-bank shall today accept from the applicant a cheque in the amount of Rs.36,89,91,531/-. Within a period of one week from today, the bank will calculate what is the amount due to it from respondent no.1 Sriniwas Cotton Mills Ltd. as on today under the decree, and if according to the Bank, any amount in excess of 4 Rs.36,89,91,531/- is due, without prejudice to its rights and contentions the bank will communicate that amount to the Advocate appearing for the applicant and on receiving that communication, within a period of one week therefrom the applicant will pay that amount to the bank and the bank will receive that amount without prejudice to its rights and contentions, and on this event occurring this civil application of the applicant shall stand disposed of with a direction to the petitioner to amend the petition and join the applicant as respondent no.3. (ii) On a motion made by the learned Counsel appearing for applicant, prayer clause (a) and (b) in the Civil application are permitted to be deleted. Civil application is disposed of. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) 5 --- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1306 OF 2008 IN WRIT PETITION NO.6073 OF 2007 State Bank of India. ...Petitioner. vs. 1.Sriniwas Cotton Mills Ltd. and another. ...Respondents. And Shriniwas Girni Kamgar Kriti Samiti. ...Intervenor/ Applicant. --- Dr.V.V.Tulzapurkar i/b. M/s.Wadia Gandhy & Co., for intervenor-applicant. 6 Mr.Ravi Kadam, Advocate General with Mayur Shetty & D.G.Dhanve i/b. M.V.Kini & Co. for orig. petitioner. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 18th June, 2008. P.C.:- On a motion made by the learned Counsel appearing for applicant, the civil application is permitted to be withdrawn with liberty to approach again, if necessary. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---