Bombay Gymkhana Ltd. v. Regional Director, Esi Corporation

ppn 1 3.caf-3503.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3503 OF 2015 IN FIRST APPEAL NO.1149 OF 2015 Bombay Gymkhana Ltd.

..

Applicant Vs.

Regional Director, ESI Corporation ..

Respondent --- Mr.S.C. Naidu a/w Mr.Aniketh Poojari i/by M/s.C.R. Naidu & Co. for the applicant.

Mr.H.V. Mehta for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 11th January 2016 P.C.

.

Rule, returnable forthwith. Mr.Mehta, learned counsel for the respondent waives service.

2.

Heard learned counsel appearing for the parties. 3.

There shall be interim relief in terms of prayer clause (a) of the civil application on the condition that the applicant deposits with the respondent a sum of Rs.16,26,127.91 without prejudice to the rights and contentions of both the parties within four weeks from today. Applicant has already renewed the bank guarantee of Rs.6 lacs till 9th December 2016 and shall renew the same during the pendency of this appeal. 4.

The respondent is allowed to appropriate the amount deposited by the applicant without prejudice to the rights and contentions of both the parties and shall return the said amount with interest at such

ppn 2 3.caf-3503.15.doc rate as directed by this Court in the event of the applicant succeeding in this appeal.

4.

Civil application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.