M/S.Shraddha Enterpries v. Hotel Horizon Pvt.Ltd.

42-nms-529-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 529 OF 2018 IN CHAMBER SUMMONS NO. 1606 OF 2001 IN EXECUTION APPLICATION NO. 64 OF 2000 IN SUMMARY SUIT NO. 2655 OF 1999 M/s. Shraddha Enterprises ... Applicant/ Plaintiff vs.

Hotel Horizon Pvt. Ltd.

... Defendant Mr. Firoz Ansari i/b. S. S. Lanke for the Applicant / Plaintiff. Ms. Saban Khan i/b. Diwakar Dwivedi for the Defendant. CORAM : A.K. MENON, J.

th SEPTEMBER, 2018 DATE : 17 P. C.

1.

By this notice of motion the plaintiff seeks leave to withdraw a sum of Rs.1,35,000/- which came to be deposited in this Court pursuant to orders dated 1 st October, 2002 and 29 th August, 2009 and interest accrued thereon without furnishing a bank guarantee as directed by this court. 2.

Order dated 1 st October, 2002 directed defendant to deposit a sum of Rs. 1,10,000/- in the Court and upon such deposit an ex-parte decree was set aside on by Rajeshwari Ramesh Pillai Date: 2018.09.19 17:25:35 +0530 Rajeshwari Ramesh Pillai

42-nms-529-2018 th August, 2009. The Court passed a further order permitting the plaintiff to withdraw the amount against bank guarantee which would also provide for interest @ 10% per annum on the amount to be withdrawn. The rate of interest was subject to final orders in the suit.

3.

I have heard the learned Advocate for the applicant and perused the affidavit in support. I my view no ground is made out for modification of the said order which has now attained finality. Accordingly, I pass the following order: (i) Notice of motion is dismissed.

(ii) No costs.

(iii) Parties to complete all pre-trial formalities and keep ready affidavits of evidence within period of 8 weeks.

(iv) List the suit for directions on 19 th November 2018.

(A.K. MENON, J.)