Mr. Neville Pesi Tata v. Mr. Rajeev Pramod Parab And ORS

902-WP3728-14.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3728 OF 2014 Neville Pesi Tata

...Petitioner

Versus

Rajeev Pramod Parab & ors.

...Respondents

Mr. J. H. Oak, for the Petitioner.

Mr. S. M. Sabrad, for Respondent no.1.

CORAM:

N. J. JAMADAR, J.

DATED :

27th SEPTEMBER, 2019 PC:- 1.

Heard Mr. Oak, the learned Counsel for the petitioner and Mr. Sabrad, the learned Counsel for respondent no.1. 2.

Mr. Sabrad, the learned Counsel for respondent no.1, makes a statement that respondent no.1 is ready to accept the amount of Rs.5,00,000/-, deposited by him with respondent no.2, as a security deposit, without any interest thereon.

3.

In response thereto, Mr. Oak, the learned Counsel for the petitioner, on instructions, submits that the petitioner is ready to deposit 1/3rd amount of the said security deposit in the trial court, as there is dispute between the petitioner and respondent nos.3 and 4 i.e. other partners of respondent no.2 1/2

902-WP3728-14.DOC - Firm. He further submits that the suit may then proceed against respondent nos.3 and 4. The learned Counsel for respondent no.1 - original plaintiff is agreeable to this proposition also.

4.

In view of the above, the petition stands disposed of with a direction to the petitioner to deposit 1/3rd amount of the security deposit of Rs.5,00,000/- before the trial court within 90 days from today. Respondent no.1 - plaintiff is permitted to withdraw the said amount and take appropriate steps as regards the prosecution of the suit against respondent nos.2, 3 and 4.

5.

Ad-interim relief, granted earlier in terms of order dated 7th April, 2014, stands vacated.

[N. J. JAMADAR, J.] 2/2