← Library
Bombay High CourtCAR/46/2016disposed off

Mr. Hari Prasad Mohanlal Soni v. Malegaon Municipal Corporation Malegaon, Nashik

2016-09-23Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

ssk 1/2 CAR 46/16 in ARA 3/16-23/9/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 46 OF 2016 IN ARBITRATION APPEAL NO. 3 OF 2016 Hari Prasad Mohanlal Soni ... Applicant In the matter between Malegaon Municipal Corporation ... Appellant vs.

Hari Prasad Mohanlal Soni ... Respondent Mr. R. D. Soni a/w Ms. S. V. Sonawane, Advocate for the applicant/ori. respondent.

Mr. Rahul S. Kate a/w Ms. Priyanka Joshi, Advocate for the respondent/ori. appellant.

Coram : Smt. R. P. SondurBaldota, J.

Date : 23rd September, 2016 P.C. :

This Civil Application is taken out by the respondent to the arbitration appeal for liberty to withdraw the amount of Rs.48,80,933/- deposited by the appellant in this Court pursuant to the directions of the Court. Mr. Soni, the learned advocate for the applicant/ori.respondent submits that in view of the concurrent findings of the Tribunal and the District Court there should be no difficulty in permitting the applicant/ori.

ssk 2/2 CAR 46/16 in ARA 3/16-23/9/16 Respondent to withdraw the amount deposited which is held to be due to him. He also points out that out of the sum depoisted of Rs.48,60,933/- an amount of Rs.40,00,000/- is the security deposit paid by the applicant to the respondent/ori. appellant at the time of the contract. Mr. Kate, the learned advocate for the respondent/ori. appellant requests on the other hand that the withdrawal if permitted should be subject to furnishing of either bank guarantee or some other security in order to ensure that in the event the appellant succeeds in the appeal the amount can be recovered.

2.

Considering the fact that, the substantial portion of the amount deposited is security deposit paid by the applicant, in my opinion, the applicant can be permitted to withdraw the amount on filing of an undertaking in writing that the applicant will bring back the amount in the event the appellant succeeds in the appeal. The applicant/ori. respondent to file undertaking in writing to that effect in the trial Court. On such undertaking being filed the applicant is at liberty to withdraw the amount deposited by the appellant. The undertaking to be The civil application is accordingly disposed off.

[Smt. R. P. SondurBaldota, J.]