1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS. 4759/2008, 4244/2008 AND 4756/2008 IN WRIT PETITION NO.928 OF 2008 (Shri Chandrashekhar s/o Pandurangji Kharwade vs. Union of India and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. V.A. NAIK, JJ. DATED : JULY 16 , 2008 Date of reserving the order : 11/7/2008 Date of pronouncing the order : 16/7/2008 ----------- CIVIL APPLICATION NO.4759 OF 2008 Heard Shri Dewani, learned Counsel for the applicants/respondent nos. 5 and 6, Shri Singh, learned Counsel for the petitioner, Shri Puranik, learned Counsel for the respondent nos. 2 to 4, and Shri Kale, learned Counsel for the intervener. Civil Application No.4759/2008 is moved by the applicants/respondent nos. 5 and 6 for speaking to minutes in respect of order dated 27.6.2008 passed by this Court. It is submitted by the learned Counsel for the applicants that this Court vide order dated 27.6.2008, extended time to deposit 2 amount of rupees ten crores by the intervener, by way of last chance, till 4/7/2008. However, in the order dated 27.6.2008, due to inadvertence, date is mentioned as 4/8/2008 and, therefore, Office may be directed to carry out necessary correction in the said order. This fact has not been disputed by the learned Counsel for the intervener as well as learned respective Counsel for other parties and, therefore, we direct the Office to carry out the correction in respect of date mentioned in order dated 27.6.2008. The date mentioned in order dated 27.6.2008, i.e. 4.8.2008 be substituted by date 4.7.2008. The civil application is disposed of accordingly. CIVIL APPLICATION NO.4244 OF 2008 Heard Shri Kale, learned Counsel for the applicant/intervener. Shri Singh, learned Counsel for the petitioner, Shri Puranik, learned Counsel for the respondent nos. 2 to 4, and Shri Dewani learned Counsel for the respondent nos. 5 and 6. Civil Application No. 4244/2008 is moved by the applicant/intervener seeking permission to intervene in the public interest litigation. Shri Kale, learned Counsel for the 3 applicant/intervener, submitted that applicant is ready and willing to offer Rs.190 crores for the property in question belonging to Model Mill, which was sold for Rs.164.22 crores. This Court heard P.I.L. No.928/008 and matter was closed for judgment. However, before pronouncement of judgment, the present civil application has been filed by the applicant giving higher offer for the property in question. This Court vide order dated 20.6.2008, in order to find out whether offer made by the applicant/intervener was genuine one or not, directed applicant to deposit Rs.10 crores on or before 27.6.2008. On 27.6.2008, learned Counsel for the applicant sought further time, by way of last chance, to deposit the amount of Rs.10 crores in this Court till 4.7.2008. In the order dated 27.6.2008, it is specifically mentioned that by way of last chance, time was granted to the intervener upto 4.7.2008 to deposit amount of Rs.10 crores. However, due to inadvertence, instead of date 4.7.2008, date 4.8.2008 came to be mentioned. It is further mentioned in the said order that if amount of Rs.10 crores is not deposited on or before 4.7.2008, intervention application shall be dismissed with costs of rupees one lakh. The applicant/intervener failed to deposit 4 the said amount of Rs.10 crores on or before 4.7.2008. The matter was again heard on 11.7.2008. The learned Counsel for the intervener once again requested for further time of one week to deposit the said amount. The request was vehemently opposed by the learned respective Counsel for the other side and, therefore, matter was closed for orders on the civil applications on 11.7.2008. In the instant case, the intervention application filed by the applicant was not bonafide and the offer given by the applicant for the property in question, which is also mentioned in the intervention application, was also not genuine. Though the applicant has mentioned in the intervention application that applicant was ready and willing to deposit amount of Rs.7-8 crores within four days, however, the said statement also proved to be false since applicant failed to deposit the amount of Rs.10 crores as directed by this Court in spite of granting fifteen days' time. It is, therefore, evident that offer of Rs.190 crores given by the applicant was not a genuine offer and because of the intervention application, pronouncement of the judgment in P.I.L. has been delayed, which has resulted in causing inconvenience to the Court and the parties to the said P.I.L. 5 This Court in order dated 27.6.2008 has already made clear that if the intervener fails to deposit the amount of Rs.10 crores on or before 4.7.2008, the intervention application shall be dismissed with costs of rupees one lakh and, therefore, request of the learned Counsel for the applicant for grant of further time is rejected. For the reasons stated hereinabove, the intervention application is rejected with exemplary costs of rupees one lakh to be deposited in this Court by the applicant within a period of two weeks. CIVIL APPLICATION NO.4756 OF 2008 Heard learned respective Counsel for the parties. Civil Application No.4756/2008 is moved by the respondent nos. 5 and 6 for dismissal of the intervention application and for imposing heavy costs on the intervener in the interest of justice. In view of above order passed by this Court today in Civil Application No. 4244/2008, the present civil application is disposed of. JUDGE JUDGE khj 6