Dismissal of Review Petition; Bank Directed to Return Gold Ornaments to Farmer within One Week.


03 December 2024 Civil Revision >> Civil & Consumer Law  

In Ismail Babalal Attar v/s The State of Maharashtra & Others., the Court heard arguments from both parties and, after considering the reasons provided, allowed the delay in filing the Review Petition. The interim application was disposed of. However, the Review Petition was dismissed, as it was found to be misguided. The new arguments presented were not previously raised, and the change in counsel was criticized, as such practices were disapproved by the Court.

 

 

The Review Petitioners, represented by Mr. Purohit, expressed no objection to the order dated 10 October 2024 but raised concerns regarding the reimbursement of benefits to the Petitioner-Bank by the State Government. The Court deemed this concern premature and beyond the scope of the review. Since no substantial error was found, the petition was dismissed.

Additionally, the Original Petitioner (Farmer) had deposited the required amount per the earlier order, yet the gold ornaments pledged by them had not been returned by the Review Petitioner (Bank). The Court directed the Bank to return the gold ornaments within a week and emphasized that failure to comply could lead to contempt proceedings. The Review Petitioner could still pursue reimbursement from the State Government, but it could not serve as an excuse to delay compliance with the Court's order. A compliance report was ordered by 11 December 2024, with the matter set for a follow-up hearing on 13 December 2024.