Final Order 1

Order Details: Other
Pdf Text: Misc. Appln No.21 of 2019 1 Suit No. 9723/1991
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISC.APPLICATION No. 21/2019
IN
SUIT NO.9723/1991.
(High Court Suit No. 29 of 1991)
Posh Semco Pte. Ltd. ... Applicant
(Original Plaintiff)
V/s.
Micoperi Ocean Transport Inc. & Anr. .. Defendants
CORAM : HIS HONOUR JUDGE
SHRI. GOPAL G. BHANSALI.
(C.R. NO.31)
DATE : 18.03.2019.
APPEEARANCE.
Ms. Smita Jha, Advocate for plaintiff.
None for Defendants.
ORAL ORDER
This is an application submitted by plaintiff Posh Semco Pte
Ltd. for clarification and appropriate order to the Registry for proper
disbursement of amount.
2. The learned advocate Smruti Jha for plaintiff requested to
peruse judgment of this Court dated 03.12.2018 and amount deposited
by defendant no.2 in all four civil suits as mentioned in para no.13 of
present application. The details of different four fixed deposit receipts
is given in para 5 of the application. Accordingly, the total amount of
Rs.36,32,678/ by way of four deposit receipts has been deposited/lying
in view of consent terms recorded on 02.04.2013.
3. It is crystal clear that in view of consent terms, plaintiff in
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Misc. Appln No.21 of 2019 2 Suit No. 9723/1991
present suit is entitled for 18.98% alongwith interest accrued thereon in
gross amount i.e. 36,32,678/. It is made clear that plaintiff in present
suit entitled for above mentioned shares in total amount and not in a
particular fixed deposit of Rs.10,00,000/ as shown in table mentioned
in para no.5. The impugned Fixed Deposit of Rs.10,00,000/ is part of
the total amount i.e. Rs. 36,32,678/
4. Paragraph no.5 of the Judgment of this Court is clear. It is
specifically mentioned in operative order para no.03 that plaintiff is
entitled for accrued interest thereon in proportion of their share of
18.98%. The genesis of Judgment in Suit No. 9723/1991 i.e. High
Court Suit No.29/91 is the consent terms recorded before the Hon'ble
High Court dated 02.04.2013. Hence, the clarification order is issued
accordingly.
ORDER
1. Plaintiff Posh Semco Pte. Limited is entitled for 18.98%
in gross amount i.e. Rs.36,32,678/ along with accrued
interest thereon in proportion of their shares.
2. Registry to encash the Fixed deposit received in present
suit from the Hon'ble High Court. Plaintiff will entitle for
principal along with accrued interest thereon to the extend
of 18.98%. Remaining amount be again deposit in fixed
deposit for three years.
3. The Misc. Application NO. 21 of 2019 is disposed of
accordingly.
(Gopal G.Bhansali )
Judge,
Date:18.03.2019. City Civil Court, Gr.Mumbai.
Typed on : 18.03.2019.
Signed on : 18.03.2019
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Misc. Appln No.21 of 2019 3 Suit No. 9723/1991
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
12.04.2019 at12.50m. HARSHADA PARAB
UPLOAD DATE AND TIME NAME OF TYPIST
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.31)
Date of pronouncement of Order 18.03.2019
Order signed by P.O. on 18.03.2019
Order uploaded on 12.04.2019
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