15. To buttress the aforesaid submissions, Mr. Chavan placed reliance
on a judgment of a learned Single Judge of this Court in the case of
Rikin Ranchhodlal Chokshi Vs Shaila Abhay Shah, 1 an order passed by
the learened Single Judge of this Court in the matter of Jane Elizabeth
Cox (Constituted Attorney of Arun Badri-Narayan Sharma) Vs Rma
Badr-Narayan Sharma Alias Rama Sharma2, a Division Bench judgment
in the case of Bhika Cullianji and Co, Bombay Vs Avon Electric
Company, Bombay and Ors,3 a judgment of the learned Single Judge of
this Court in the case of Mirzban Darabshaw Surti Vs Cedric Vaz & Anr 4
and a judgment of the learned Single Bench of this Court in the case of
Suresh Manilal Mehta Vs Varsha Bhadresh Joshi.5
In order to bolster up this submission, Mr. Sawant placed
reliance on a judgment of this Court in the case of Mirzban
Darabshaw Surti vs. Cedric Vaz and another2. In the said case
a learned Single Judge has enunciated the principle that a
party cannot be permitted to accept the benefit under an
2 2015 (2) Mh.L.J. 184.