M/S.Kishore J. Janani And ORS. v. M/S. Arun Fintrade Limited

20-caf-2772-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2772 OF 2018 IN FIRST APPEAL NO. 872 OF 2018 M/s. Kishore J. Janani & Ors.

... Applicants V/s.

M/s. Arun Fintrade Limited

...Respondent

Mr. Ashok K. Goel a/w Mr. Surin R. Usgaonkar for the Applicants. Mr. Y.M. Vera i/by M/s. Anup Khaitan and Co. for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 11TH NOVEMBER, 2019.

P.C. :- 1.

Heard learned counsel for the parties. By a separate order passed by this Court today, First Appeal No.872 of 2018 is already admitted. There is a money decree of about 76.00 lacs as on date against the applicants. The principal amount is about Rs.18.00 lacs. Rest of the amount awarded by the City Civil Court is towards interest. Learned counsel appearing for the applicants on instructions undertakes that his clients would deposit an amount of Rs.25.00 lacs within five weeks and remaining Rs.25.00 lacs in another five weeks in this Court and shall convey the respondent's advocate about such deposit without fail. Undertaking is accepted. In view of the undertaking rendered by the learned counsel for the applicants, the civil application is made absolute in terms of prayer clause (a). It is made clear that if the applicants commit any default of the aforesaid 1/2

20-caf-2772-18.doc two installments, interim relief granted by this Court to stand vacated without further reference to the Court. It is made clear that no further extension of time would be granted. If the amount is deposited, the Registry of this Court is directed to invest the said amount in 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. 2.

The civil application is disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2