Supreme Court - Daily Orders
Kunda Madhukar Shetye vs Shaila Subrao Shetye . on 8 May, 2015
Bench: Anil R. Dave, R.K. Agrawal
ITEM NO.27+52 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Item No.27 :
Petitions for Special Leave to Appeal (C) Nos.13370-13371/2015
(Arising out of impugned final judgment and order dated 12/03/2015
in AO No.54/2012 and AO No.8/2015 passed by the High Court of
Bombay at Goa)
KUNDA MADHUKAR SHETYE Petitioner(s)
VERSUS
SHAILA SUBRAO SHETYE & ORS. Respondent(s)
(With appln.(s) for exemption from filing O.T.)
Item No.52 :
SLP(C)Nos.13864-13865/2015
(With appln. for exemption from filing O.T. and interim relief
and office report
WIH
SLP(C)Nos.14180-14181/2015
With interim relief and office report)
Date : 08/05/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Dr. A.M. Singhvi,Sr.Adv.
Mr. Vivek Jain,Adv.
Mr. Shivan Desai,Adv.
Mr. Satyendra Kumar,Adv.
Mr. Mahesh Agarwal,Adv.
Mr. E.C. Agrawala,Adv.
Mr. Shashank Manish,Adv.
SLP(C)13864-65 Mr. C.A. Sundaram,sr.Adv.
Mr. Shivan Desai,Adv.
Mr. Vivek Jain,Adv.
Signature Not Verified
Mr. Shashank Manish,Adv.
Digitally signed by
Sarita Purohit
Date: 2015.05.12
Ms. Ranjeeta Rohtagi,Adv.
11:04:35 IST
Reason: Ms. Jaya Khanna,Adv.
Mr. Mahesh Agarwal,Adv.
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SLP(C)14180-81 Mr. Dushyant Dave,Sr.Adv.
Ms. Purnima Bhat,Adv.
Mr. Shivan Desai,Adv.
Mr. Vivek Jain,Adv.
Mr. Shashank Manish,Adv.
Mr. Mahesh Agarwal,Adv.
Mr. Rajesh Kumar,Adv.
For Respondent(s) Mr. Rafiq Dada,Sr.Adv.
Mr. Shyam Divan,Sr.Adv.
Mr. Dhruv Mehta,Sr.Adv.
Mr. S.S. Kantak,Sr.Adv.
Ms. Swati Kamat,Adv.
Ms. Shreya Agrawal,Adv.
Ms. Anupma Dhurve,Adv.
Mr. Yashraj Singh Deora,Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(C)Nos.13370-13371/2015 :
Heard the learned counsel.
At the time of hearing of these petitions, the learned counsel appearing for Respondent Nos.1 to 4 has made a statement that irrespective of the order passed by the High Court, the petitioner, namely, Smt. Kunda Madhukar Shetye, would be paid 34% of the profits as ordered by the High Court or the highest of the profit of the last 10 years, whichever is higher, per year till the suit is pending.
The order of the High Court stands modified accordingly.
In view of the above modification of the impugned order dated 12th March, 2015, passed by the High Court, the special leave petitions stand disposed of.
SLP(C)Nos.13864-13865/2015 and 14180-14181/2015 :
The petitioners do not want to press these petitions as the petitioners would like to agitate their rights 2 with regard to enforcement of the contract entered into between the Contractor and the Firm, i.e., M/s. R.S. Shetye & Brothers, by filing a suit or any other legal remedy available to them.
If any legal remedy is availed or any suit is filed by the petitioners claiming any right against M/s. R.S. Shetye & Brothers, the suit or any other application filed therein or other proceedings initiated, shall be decided without being influenced by the observations made in the order passed by the High court and the suit or the proceedings shall be decided on its merits.
In view of the above order, the Special Leave Petitions are disposed of.
Needless to say that it would be open to the parties to resist the suit on all possible legal grounds.
(Sarita Purohit) (Sneh Bala Mehra)
Court Master Assistant Registrar
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