Maharashtra State Electricity Board vs. Shabbir V. Sabbuwala & Ors

ITEM NO.6 COURT NO.2 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7141/2010

(Arising out of impugned final judgment and order dated 07/11/2009 in WP No. 2894/2008 07/11/2009 in WP No. 2894/2008 passed by the High Court Of Bombay)

MAHARASHTRA STATE ELECTRICITY BOARD Petitioner(s)

VERSUS

RUSI MEHTA & ORS. Respondent(s)

(with appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) (For final disposal)

WITH SLP(C) No. 7075/2010 Interim Relief and Office Report) (For final disposal)

Date : 03/05/2016 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s)

Mr. A. S. Bhasme,Adv. Mr. Pankaj Kr. Mishra, Adv.

For Respondent(s)
In both matters	Mr. Raju Ramachandran, Sr.Adv.
	Mr. A. Selvin Raja, Adv.
	Mr. Vickram Aditya Narayan, adv.
	Ms. Mythili Vijaya Kumar Thallan, Adv.
	Mr. Sanjay Kumar Visen,Adv.
	Ms. Praveena Gautam,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted in both the special leave petitions.

The appeals are disposed of as allowed in terms of the signed non-reportable judgment.

Pending applications, if any, stand disposed of.

[SUKHBIR PAUL KAUR] [SNEH BALA MEHRA]

A.R.-CUM-P.S. ASSISTANT REGISTRAR

(Signed non-reportable judgment is placed on the file)

NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4764 OF 2016 (Arising out of S.L.P.(C) No.7141 OF 2010)

MAHARASHTRA STATE ELECTRICITY BOARD Appellant(s)

Versus

RUSI MEHTA AND OTHERS Respondent(s)

W I T H

CIVIL APPEAL NO.4765 OF 2016 (Arising out of S.L.P.(C) No.7075 OF 2010)

MAHARASHTRA STATE ELECTRICITY BOARD Appellant(s)

Versus

SHABBIR V. SABBUWALA AND OTHERS Respondent(s

J U D G M E N T

ANIL R. DAVE,J.

1. We have heard learned counsel for the parties.

2. Leave granted in both the special leave petitions.

3. These appeals by special leave are directed against the judgments and orders dated 7.11.2009 in

Writ Petition No. 2894 of 2008 and Writ Petition No. 940 of 2008 whereunder the High Court disposed of the petitions.

4. In view of the judgment delivered in Talson real Estate (P) Limited versus State of Maharashtra and Others, reported in (2007) 13 SCC 186, these appeals deserve to be allowed and they are, accordingly, disposed of as allowed.

5. However, so as to compensate the respondents, we direct that 50% more amount shall be awarded to the respondents and the said 50% amount shall be calculated on the basis of total amount which has been paid or which is payable to the respondents, in terms of the Award. The said amount shall be paid to the respondents within three months from today.

........................J. (ANIL R. DAVE)

........................J. (ADARSH KUMAR GOEL)

New Delhi, May 03, 2016