B.E. Billimoria And Company Limited, Mumbai v. Haj Committee Of India, Mumbai

26-332-2023-IA=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.04.01 10:34:57 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 332 OF 2023 IN FIRST APPEAL (ST.) NO. 12725 OF 2021 B.E. Billimoria and Co. Ltd., Mumbai .. Applicant Vs.

Haj Committee of India, Mumbai .. Respondent .....

Mr. Piyush Deshpande i/b Yash Jariwala for the applicant Mr. Mahesh Shukla a/w Mr. Niraj Prajapati for the respondent .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 30th MARCH, 2023 P.C.

1.

Liberty to the learned Counsel for the respondent to file reply in the Registry.

2.

Heard learned Counsel for the applicant and the respondent. The respondent-appellant has already deposited decreetal amount with accrued interest before this Court.

3.

Liberty to the applicant to withdraw the entire amount with accrued interest as on today, subject to an undertaking that in case

26-332-2023-IA=.doc the appeal succeeds, the applicant would refund the entire amount with accrued interest in this Court. The withdrawal shall be permitted only after submitting the undertaking to that effect. 4.

The Application is disposed of.

(PRITHVIRAJ K. CHAVAN, J.)