Mr.Rajkamal Jayprakash Pandey v. Mr.Shubhlal Mannalal Gupta

ppn 1 6.caf-1860.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1860 OF 2018 IN FIRST APPEAL NO.614 OF 2018 Rajkamal Jayprakash Pandey ..

Applicant/Appellant Vs.

Shubhlal Mannalal Gupta ..

Respondent --- Ms.Aditi Naikare i/by Mr.Pradeep J. Thorat for the applicant/appellant. Mr.Rajesh Dixit i/by Mr.V.R. Tripathi for the respondent. --- CORAM : R.D.DHANUKA, J.

DATE : 14th November 2019 P.C.:

.

There shall be ad-interim relief in terms of prayer clause (a) on the condition that the applicant would deposit entire decreetal amount with interest up to the date of deposit within four weeks from today with the concerned MACT without fail and shall inform the respondent about such deposit.

2.

The respondent would be at liberty to withdraw the said amount upon furnishing bank guarantee of nationalized bank in the name of the MACT which shall include interest @ 9% p.a. Such bank guarantee shall be kept alive for five years initially and thereafter for a like period after obtaining further orders from the Court depending upon the pendency of this appeal.

ppn 2 6.caf-1860.18.doc 3.

It is made clear the if the bank guarantee is not furnished within the time prescribed, the concerned MACT shall invest the said amount in a fixed deposit of a nationalized bank initially for a period of five years and thereafter for like period after obtaining further orders from this Court depending upon the pendency of the first appeal. 4.

Civil application is disposed of on aforesaid terms. No order as to costs.

R.D.DHANUKA, J.