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Bombay High CourtCAF/142/2020disposed off

Excel Production Audio, Visual Pvt. Ltd. v. Gini And Jony Ltd.

2021-03-16Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

9-142-2020-CAF=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 142 OF 2020 IN FIRST APPEAL NO. 887 OF 2016 Excel Production Audio, Visual Pvt. Ltd.

.. Applicant In the matter between Gini and Jony Ltd.

.. Appellant Vs.

Excel Production Audio, Visual Pvt. Ltd.

.. Respondent .....

Mr. Sajid Shamim a/w Mr. M.S. Lakdawala i/b M/s. Shamim & Co. for the applicant None for the respondent CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 24th MARCH, 2021 P.C.

1.

A praecipe is moved by the learned Counsel for the applicant seeking modification in the order passed by this Court on 16th March, 2021 to the effect that instead of "solvent surety" the applicant be permitted to furnish "bank guarantee". 2.

Mr. Shamim, learned Counsel for the applicant submits that despite efforts, the applicants could not secure solvent surety. 3.

It is submitted that the respondent has been duly served through e-mail on 19th March, 2021 and today i.e. on 24th March, 2021 at 10.28 a.m. However, none present.

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2021.03.26 12:24:30 +0530 UDAY SHIVAJI JAGTAP

9-142-2020-CAF=.doc 4.

Having considered the submissions made by the learned Counsel for the applicant, in paragraph 7, page 2, in 4th line of the order dated 16th March, 2021, the words "solvent surety" be substituted with "bank guarantee".

5.

After making the modification in the order, modified order be uploaded on the website.

6.

The praecipe is disposed of.

(PRITHVIRAJ K. CHAVAN, J.)