Essar Steel Limited Thr. Authorise M.S.Rashi Kadakia v. The Board Of Trustees Of The Port Of Mumbai And ANR

skc 903-AO-12-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 12 OF 2017 WITH CIVIL APPLICATION NO. 15 OF 2017 IN APPEAL FROM ORDER NO. 12 OF 2017 Essar Steel Ltd.

..

Appellant vs.

The Board of Trustees of the Port of Mumbai ..

Respondents Mr. Prashant Pratap with Hari W i/b. Mr. A. A. Shah for Appellant. Mr. A. Fernandes i/b. Motiwalla & Co. for Respondent No. 1. CORAM : M. S. SONAK, J.

DATE: 01 FEBRUARY 2017 P.C :

1] Heard learned counsel for the parties.

2] Admit.

3] In view of orders dated 19 July 2010 and 27 July 2010 in writ petition no. 1350 of 2010 as well as order dated 19 December 2014 in suit no. 879 of 2011, further proceedings in suit no. 3639 of 2011 are stayed until further orders, subject to the appellant depositing in this court an amount of Rs.22 lakhs within a period of four weeks from today. In case, there is any delay or default in deposit of this amount, the interim relief now granted to stand vacated without any further reference to this court.

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skc 903-AO-12-17.doc 4] Further, once such amount is deposited, the respondent shall be at liberty to take out an application seeking withdrawal of such amount. Such application, if filed, will be decided in accordance with law and on its own merits.

5] In the meantime, the Registry to invest the amount in a nationalized bank for a period of one year in the first instant. 6] Civil application stands disposed of in the aforesaid terms. (M. S. SONAK, J.) Chandka 2/2