Thomas Cook (India Ltd. v. State Bank Of Bikaner And Jaipur

910-CAC417-17+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 417 OF 2017 IN CIVIL REVISION APPLICATION NO. 908 OF 2013 AND CIVIL APPLICATION NO. 418 OF 2017 IN CIVIL REVISION APPLICATION NO. 44 OF 2014 Thomas Cook (India) Ltd ...Applicant

Versus

State Bank of Bikaner & Jaipur

...Respondent

Ms Priyanka Fadia, with Shashank Fadia, for the Applicant.

Mr Padma Garud, for the Respondent.

CORAM: G.S. PATEL, J DATED:

30th November 2017 PC:- 1.

Heard.

2.

The civil applications were, in my view, actually completely unnecessary. There is an order of 30th September 2014 permitting the Respondents to withdraw 50% of the amount deposited in this Court without furnishing security. It seems that since that amount 30th November 2017

910-CAC417-17+.DOC was invested, as a matter of prudence and to avoid loss, Mr Justice Sawant on 24th April 2017 directed that the deposits should be allowed to run to maturity and thereafter the Applicants would be at liberty to apply for this withdrawal. That is the entirety of the background to these civil applications.

3.

The investments have run to term. There is no impediment to the grant of relief. Indeed, having regard to the terms of the 30th September 2014 order, one that has attained finality, that relief must now be granted.

4.

The civil applications are made absolute in terms of prayer clauses (a) and (b).

5.

Registry will act on an authenticated copy of this order. (G. S. PATEL, J) 30th November 2017