Coverstack Technologies Pvt. Ltd. v. Santosh Sunderdas Sukhrani And ANR

2023:BHC-AS:32079 sa_mandawgad 1/2 5wp10754-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

10754 O F 20 Coverstack Technologies Pvt. Ltd.

...

Petitioner

Versus

Santosh Sunderdas Sukhrani and Anr.

...

Respondents - - Mr. Akash Rebellow, Mr.Nadem Shama, Mr.Salman Atharia i/by Mr.Habab Sayyed for the Petitioner.

Mr.Anosh Jequeria, Mr.Naresh Chheda and Ms.Sakina Electriwala i/by Dhruve Liladhar & Co.for the Respondents. - -

CORAM

:

SHARMILA U. DESHMUKH, J.

DATE :

October 23, 2023.

P. C. :

1.

Heard.

2.

The matter can be disposed of in view of the consensus which has been arrived at between the counsels for the parties that Clause (2) of the order dated 24th February, 2023 passed by the Trial Court be modified to extend the time granted for deposit of the amount. In view of the above and without going into the merits of the matter, Clause (2) of the order dated 24th February, 2023 is modified to read as under:

"2) The defendant shall deposit the amount Rs.33,33,000/- within a period of eight weeks from the date of uploading of this order on the official website of the Bombay High Court."

sa_mandawgad 2/2 5wp10754-23 3.

Needless to clarify that as this amount is directed to be deposited under the provisions of Order XXXIX Rule 10 of the Code of Civil Procedure, 1908, the deposit will be subject to the outcome of the proceedings and the respondent will not entitled to make an application for withdrawal of the amount pending the final adjudication. 4.

Writ Petition is disposed of in the above terms. ( Sharmila U. Deshmukh, J. )