LAWS(BOM)-2023-6-575

ABBAS HUSSAIN Vs. SLUM REHABILITATION AUTHORITY

Decided On June 28, 2023
ABBAS HUSSAIN Appellant
V/S
SLUM REHABILITATION AUTHORITY Respondents

JUDGEMENT

(1.) The prayer is for a disbursement of an amount of Rs.1.54 crores by the Prothonotary and Senior Master of this court. That amount came to be deposited in court pursuant to an order made by the Division Bench of this court on 6/12/2021 disposing of the Petition. A copy of that order is at pages 105 to 107. The IA does not seek any modification of that order nor further reliefs. There is no question of restoring the Petition to file. It is only a formal application for a direction to the Registry to permit the disbursement of Rs.1.54 crores.

(2.) Mr Rebello tenders a list showing the 89 applicants and the amounts that are due to each of them from this Rs.1.54 crores. The disbursement will have to be made in accordance with this list, a copy of which is taken on record and marked "X" for identification with today's date; but this will necessarily have to be subject to some level of verification by SRA because we have in other matters recently noticed that many persons who are allotted rehab premises have illicitly transferred these premises. We do not want a situation where a disbursement from the court is taken by somebody who is not entitled to it. This is therefore only an exercise to ensure that the action of the court is in accordance with law.

(3.) We take it that the list tendered by Mr Rebello is in consonance with the order passed by the Registrar on 11/8/2022, a copy of which is at page 189, Exhibit "M" and which has Annexures from page 192 onwards. This will need to be reconciled and verified in any case. If there is a discrepancy between Mr Rebello's list and the list prepared by the Registrar, it is the list of the Registrar that will prevail.