Bharat Petroleum Corporation Limited vs. Tajdin Javerbhai Mavany (Since Dec) Rep Thr. Lrs And Anr
Held
The High Court partly allowed the review, recalling its direction to release the deposited rents to the landlord, finding it contrary to the Supreme Court's ruling in *Super Max International Private Limited and Others*. The Court held that deposited amounts should ordinarily not be released to the landlord until final disposal of the appeal, unless exceptional circumstances are made out, which were absent here.
Facts
Bharat Petroleum Corporation Limited sought review of a High Court order directing it to deposit enhanced rent (Rs. 5 lakhs/month with GST) for a petrol pump property and to transfer previously deposited rents to the landlord. The original order also directed the release of these funds to the landlord during the pendency of the appeal.
Key Issues
The key issues were whether there was an error in calculating the enhanced rent, and whether the direction to release deposited rents to the landlord during the appeal's pendency was contrary to established Supreme Court principles.
AI-generated summary — verify with the full judgment below
903-CAREV-17-26.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION (REVIEW) NO.17/2026 IN SECOND APPEAL NO.7/2013 BHARAT PETROLEUM CORPORATION LIMITED, a Company incorporated under the Companies Act, 1956, having their Head Oice at Bharat Bhavan, 4 & 6, Curlimbhoy Road, Ballard Estate, P. B. No. 688, Mumbai-400 001. … APPLICANT Versus
TAJDIN JAVERBHAI MAVANY (since deceased) represented through his legal Representatives 1a) Smt. Sakina Tajdin Mavany, widow of late Tajdin Mavany, major of age, resident of L-3, Breach Candy Apartments Bhulabhai Desai Road, Mumbai-400 026. 1b) Smt. Praveen Tajdin Mavany, daughter of late Tajdin Mavany, major of age, married and her husband; 1c) Shri Anwarali Chatoor, son of Alimohamad Saboor Chatoor major of age, married, Both residing at House No. 35/1B. Eli Bank Road, Colombo, Sri Lanka; 1d) Smt. Dilshad Tajdin Mavany, daughter of late Tajdin Mavany, major of age, married, and her husband; 1e) Shri Mansur Ismail Sayani, son of Hajibhai Ismail Sayani, major of age, Both residing at House No. 201/A, Jolly Maker Apartment No.1, Cufe Parade, Mumbai-400 005; 28th August 2026
903-CAREV-17-26.DOC 1f) Shri Anwa
The judgment continues below.
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