Shri.Vijay R. Shukla v. M/S.Ritz Pvt.Ltd.

osk 13-caf-2056-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2056 OF 2017 IN FIRST APPEAL NO. 574 OF 2018 Vijay R. Shukla ...

Applicant In the matter between M/s.Ritz Pvt. Ltd.

...

Appellant V/s.

Vijay R. Shukla ...

Respondent • Mr.Jayesh Mestry for the Applicant/original Respondent. • Mrs.Ashish Suryavanshi i/b. Mr.D.G. Rangras for the Appellant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 31st OCTOBER, 2018.

P.C. :

1] Heard learned counsel for the parties.

2] This is an application seeking withdrawal of the decreetal amount of Rs.3,35,472=15 which is deposited by the Appellant in this Court in pursuance of the decree passed by the trial Court. 3] Learned counsel for the Appellant strongly resists this application and in the alternate submitted that, if the RespondentApplicant is to be permitted to withdraw this amount, then it should be only to the extent of 50% and subject to furnishing of Bank Guarantee.

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osk 13-caf-2056-2017.odt 4] However, considering that the suit was decided on merits and thereafter, the trial Court has passed this decree, the ApplicantOrg. Respondent is permitted to withdraw 75% of the amount deposited in the Court, subject to furnishing of usual undertaking. Remaining amount of 25% be invested in any Nationalized Bank. 5] The Civil Application is disposed of in above terms. 6] Learned counsel for the Applicant-Org.Respondent submits that in the Bank account, the name of the Respondent-Applicant is "Vijay Kumar Shukla". He produces the photocopy of the Bank Account. Hence, the Office is directed to make payment of 75% in the said account of the Applicant.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2