The Rishabh Velveleen Ltd. v. Modipon Limited Though Chemical Division Indo-Fil Chemicals Company

APP. 630-06 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 630 OF 2006 IN SUMMONS FOR JUDGMENT No. 754 OF 2005 IN SUMMARY SUIT No. 2595 OF 2005 The Rishabh Velveleen Ltd.

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Appellant Vs.

Indofil Chemicals Company, A Division of Modipon Ltd.

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Respondent *** None for the Petitioner.

Mr. Shyam Mehta, Sr. Counsel a/w Rohan Kelkar i/b Crawford Bayley & Co., for Respondent.

*** CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ.

DATE : JUNE 8, 2015 PC.

1.

None appears on behalf of the Appellant. Heard the counsel appearing on behalf of the Respondent. 2.

Appellant is aggrieved by the order dated 12.7.2006 passed by the learned Single Judge, directing the Appellant to deposit Rs. 1, 22,49,412.32 Ps. Against this order, the Appellant has filed present appeal. In the meantime, after the appeal was admitted, the 1 / 2

APP. 630-06 amount was reduced to Rs. 75 lakhs. This order was challenged by the Appellant in the Apex Court. When the Apex Court dismissed the SLP, confirmed the order of the Appellate Court and directed the Appellant to deposit Rs. 75 lakhs. Appeal is pending since last many years. In our view, appeal can be disposed of by directing the trial Court to expeditiously decide the suit. Appeal is accordingly disposed of and order passed by the Appellate Court, directing the Appellant to deposit Rs. 75 lakhs is confirmed, till final disposal of the suit. Sd/- Sd/- [B. P. COLABAWALLA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2