Shri. M.A. Lokhandwala v. Shri. Ramlakhan Ramprasad Gupta And ANR

5 caf 1348-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1348 OF 2015 IN FIRST APPEAL NO. 335 OF 2010 WITH FIRST APPEAL NO. 335 OF 2010 Mr. M.A. Lokhandwala ...Applicant

Versus

Shri. Ramlakhan Ramprasad Gupta (deceased) through Lrs Mrs. Gyandevi Ramlakhan Gupta and Ors.

...Respondents

**** Mr. A.J. Almeida for the Applicant.

Mr. Aniruddha Lad i/b KLT Law Associates for the Respondent Nos. 1A to 1E.

Mr. Santosh Parad for the Respondent/MCGM.

**** CORAM : M.M.SATHAYE J.

DATE : 7th DECEMBER 2023 SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2023.12.08 11:27:52 +0530 P.C. :

1.

Heard learned counsel for the Applicant and learned Counsel for the Respondents.

2.

This is an application seeking direction to office/Registry to handover original Bank Guarantee No. 04091GFIN000811 dated 23.08.2011 back to the Applicant, so that a fresh Bank Guarantee can be furnished.

3.

It appears that the Applicant was directed to furnish Bank Guarantee under Order dated 19.07.2011 passed in Civil Application Sneha Chavan page 1 /2

5 caf 1348-15.doc No. 1168 of 2010. It is common ground before the Court that the Applicant had indeed furnished Bank Guarantee in compliance with the said order. However, the Bank Guarantee has now expired. 4.

Learned counsel for the Respondent Nos. 1A to 1E submits that the original Bank Guarantee can be returned, provided fresh Bank Guarantee is submitted in the Court.

5.

In that view of the matter, this application is allowed in terms of prayer clause (a). Office is directed to handover the concerned original Bank Guarantee to the Applicant. The Applicant is directed to furnish a fresh Bank Guarantee in the Registry within a period of four weeks from today.

6.

Civil Application is disposed of accordingly. First Appeal No. 335 of 2010 7.

Place the above first appeal for further orders on 25.01.2024. 8.

copy of this order.

[M.M.SATHAYE,J.] Sneha Chavan page 2 /2