India Infoline Limited (Iifl) v. Royal Enterprises

30.4018.15-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4018/2015 WITH CIVIL APPLICATION NO.1489/2015 India Infoline Ltd. (IIFL) ... Petitioner V/s.

Royal Enterprises ... Respondent Mr. Mikhail behl a/w. Ganesh Ambekar I/b .Thakore Jariwala & Associates for the Petitioner Ms. Sakina Kothari I/b. Kranti Anand for the Respondent

CORAM:

K.K. TATED, J.

DATED :

MARCH 4, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner - Defendant challenges the order dated 04.03.2015 passed by the Bombay City Civil Court in Summons for Judgment No.102/2014 in Summary Suit No.503/2013 directing the Petitioner to deposit sum of Rs.1,49,626/- to defnd the suit on merits.

When this court declined to entertain the Writ Petition, the learned counsel for the Petitioner seeks permission to deposit a sum of Rs.1,49,626/- in the Trial Court within four weeks from today.

Hence, following order is passed:

Basavraj G. Patil 1/2

30.4018.15-wp.doc a.

The Petitioner is permitted to deposit a sum of Rs.1,49,626/- in the Trial Court as per order dated 04.03.2015 passed in Summons for Judgment No.102/2014 in Summary Suit NO.503/2013 in the Trial Court, within four weeks. b.

If the amount is deposited as stated hereinabove, the Trial Court is directed to invest the same amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till disposal of suit.

c.

On deposit of the said sum within four weeks from today, the Petitioner - Defendant is permitted to file written statement, with copy to other side, within six weeks from today. d.

The Writ Petition stands disposed of with these directions. e.

In view thereof, nothing survives in the Civil Application. Same stands disposed of as infructuous.

(K. K. TATED, J.) Basavraj G. Patil 2/2