M/S. Shwet Biotech Pvt. Ltd. v. M/S. Narvin Chemical Corporation, Thr. Accountant Mr. Chetan Ramniklal Dani
JAYARAJAN ANJAKULATH NAIR Date: 2021.11.25 10:47:02 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 14 IA-3464.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3464 OF 2021 IN CIVIL REVISION APPLICATION NO.15 OF 2020 M/s. Shwet Biotech Pvt. Ltd.
..
Applicant Vs.
M/s. Narvin Chemical Corporation ..
Respondent ...
Mr. Pradeep Havnur with Mr. Sanjay Kharat for the applicant. None for the respondent.
...
CORAM
: SMT. BHARATI DANGRE, J.
DATED : 24TH NOVEMBER, 2021.
P.C:- 1.
On hearing learned counsel for the applicant, I am inclined to grant the interim application filed for extension of time to deposit the amount as directed by the trial court on 12/02/2019. 2.
Pertinent to note that a civil revision application was filed in this court vide Civil Revision Application No.15 of 2020 and AJN
2/2 14 IA-3464.21.odt on 11/03/2020 the application was withdrawn unconditionally. However, on the very same day i.e. on 11/03/2020, this court extended the period to deposit the amount by eight weeks from the date of passing of the order i.e. 11/03/2020. The submission of learned counsel is that subsequent to the passing of the order, the lock down was imposed and the entire nation was grappled by the pandemic, and the amount could not be deposited within the extended time. The applicant, in fact, moved an application before the City Civil Court, Bombay offering to deposit the said amount through a demand draft, however, the said request was turned down with a direction to the applicant to take out an appropriate application before the High Court. 3.
On perusal of the circumstances emerging after 11/03/2020, which are beyond the control of the applicant and since he makes a statement that the demand draft of Rs.12 lakhs is ready to be deposited, I am inclined to permit him to deposit the said demand draft as compliance of the order passed by the trial court. The demand draft shall be deposited before the City Civil Court, Bombay on or before 08/12/2021.
4.
The interim application stands disposed of in the aforestated terms.
[SMT. BHARATI DANGRE, J.] AJN