Khan And Co Infra Projects Pvt. Ltd.(Khan Group) Thr. Its Director Mr. Shams Javed Khan) v. Mr. Meet S/O Prakash Udani (Sole Proprietor M/S.Trishul Enterprises)

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION INTERIM APPLICATION NO. 16894 OF 2022 IN COMMERCIAL FIRST APPEAL NO. 5 OF 2022 IN SUMMARY JUDGMENT NO. 4 OF 2021 IN COMMERCIAL SUIT NO. 1031 OF 2020 Mr Meet S/o Prakash Udani (Sole Proprietor M/s Trishul Enterprises) ...Applicant In the matter between Khan and Co Infra Projects Pvt Ltd (Khan Group) Thr. Its Director Mr. Sham S Javed Khan) ...Appellant

Versus

Mr Meet S/o Prakash Udani (Sole Proprietor M/s Trishul Enterprises)

...Respondent

WITH INTERIM APPLICATION NO. 16721 OF 2022 IN COMMERCIAL FIRST APPEAL NO. 5 OF 2022 IN SUMMARY JUDGMENT NO. 4 OF 2021 IN COMMERCIAL SUIT NO. 1031 OF 2020 Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.08.01 10:44:23 +0530 Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.07.29 15:56:09 +0530 RAJESHWARI RAMESH PILLAI RAJESHWARI RAMESH PILLAI

Khan and Co Infra Projects Pvt Ltd (Khan Group) Thr. Its Director Mr. Sham S Javed Khan) ...Applicant In the matter between Khan and Co Infra Projects Pvt Ltd (Khan Group) Thr. Its Director Mr. Sham S Javed Khan) ...Appellant

Versus

Mr Meet S/o Prakash Udani (Sole Proprietor M/s Trishul Enterprises)

...Respondent

Mr Chandrakant B Ambani, for the Appellant.

Mr Girish Kedia, for the Respondent/Applicant in IA/16894/2022.

CORAM

G.S. Patel & Gauri Godse, JJ.

DATED:

PC:- 1.

Mentioned. Learned Advocate for the Appellant, Mr Ambani, states on instructions that the Appellants have no objection to the original Plaintiff / Respondent (represented by Mr Kedia) withdrawing the entire decretal amount deposited of Rs.43,75,835/- together with accrued interest, if any, against the proprietor of the Respondent furnishing a signed undertaking in the usual form. 2.

We accept the statement. The undertaking is to be in the usual form and is to be affirmed before the officer of this court and not before a Notary.

3.

In view of this, the attachment levied by the original Plaintiffdecree holder/present Respondent is raised. Specifically, the

attachment of Appellant's bank accounts and properties are released from attachment.

4.

An authenticated copy of this order may be shown to the executing court, if further directions are required. 5.

The Appeal is to come up for final hearing in the normal course.

6.

The Interim Application is disposed in these terms. (Gauri Godse, J) (G. S. Patel, J)