Final Order 1

Order Details: Other
Pdf Text: 1 M.A.53.2020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Misc.Application No.53 of 2020
In
Misc.Appeal No.99 of 2019
The New India Assurance Co. Ltd.
& anr. ..Applicants/Org.Respondents
V/s.
M/s.Shapoorji Pallonji & Co. Ltd. ..Respondent/Org.Appellant
Coram : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL
Dated : 2nd November,2020
(C.R.No.19)
Advocate Mr.V.Y. Sangalikar for applicants.
Advocate Mr.Arun Siwach i/b. Cyril Amarchand Mangaldas for
respondent.
O R A L O R D E R
This application has been filed for withdrawal of
Rs.1,12,50,204/- with accrued interest deposited in Misc.Appeal
No.99/2019 by the appellant therein as and by way of condition for
grant of stay on the ground that the respondent no.1-The New India
Assurance Co. Ltd., the owner of the subject premises present applicant
has finally succeeded in the appeal and the appeal has been dismissed.
2 It is contended that the Estate Officer has determined an
amount of Rs.3,21,43,440/- as and by way of damages and on 5th
March,2019, 35% of the said amount was directed to be deposited as a
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2 M.A.53.2020
condition for stay. Thereafter, the appeal was finally heard and was
dismissed and in such circumstances it is prayed that the amount lying
in this court ought to be permitted to be withdrawn by the
applicant/respondent no.1 in appeal.
3 The appellant has objected for the withdrawal and it is
submitted by the learned counsel for the appellant that although the
appeal is dismissed, the interim order is continued for a period of four
weeks for enabling the appellant to approach the Hon’ble High Court
and in such circumstances the amount may not be allowed to be
withdrawn.
4 Mr.Sangalikar, learned counsel for the applicant, submitted
that today the outstanding amount of damages accrued is more than
Rs.5 crores and in the last two years, the appellant has not paid any
amount to respondent no.1 although the appellant continued to use the
premises.
5 Continuation of the interim order by this court is to prevent
the eviction of the appellant and recovery of total amount of damages
which has been awarded. The same would not have any implication on
the portion of that amount which is directed to be deposited as a
condition precedent for grant of stay and in any case, in order to
balance the equities between the parties, the application deserves to be
allowed to withdraw the said amount on condition that the applicant
files an undertaking that in case the applicant fails before the Hon’ble
High Court, the amount would be brought back within a period of one
week from such order. In such circumstances, I pass the following
order:
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3 M.A.53.2020
O R D E R
1) Misc.Application No.53/2020 is allowed.
2) Applicant is permitted to withdraw the amount of
Rs.1,12,50,204/- with accrued interest deposited in this
court pursuant to order dated 5th March,2019 on furnishing
an undertaking of Senior Official of the applicant that the
said amount would be brought back within a period of one
week if the applicant fails before the Hon’ble High Court in
the proposed litigation.
3) Misc.Application no.53/2020 is accordingly disposed of.
02/11/2020 (S.B.AGRAWAL)
Principal Judge,
Gr.Bombay.
Dictated on : 02/11/2020
Transcribed on : 02/11/2020
Signed by HHJ on : 02/11/2020
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4 M.A.53.2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: Mrs.Aruna S. Jayade
Upload date and time: 02/11/2020 (At 1.40 pm)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri S.B.AGRAWAL(C.R.No.19)
Date of Pronouncement of Order 2nd November,2020
Order signed by P.O. on 2nd November,2020
Order uploaded on 2nd November,2020
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