Madhusudan Shrikrishna v. Emkay Exports And ORS.

903-EXA126-06.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 126 OF 2006 IN SUMMARY SUIT NO. 2171 OF 2004 WITH CHAMBER SUMMONS (L) NO. 1194 OF 2018 Madhusudan Shrikrishna

...Petitioner

Versus

Emkay Exports & Ors

...Respondents

Mr ND Jaywant, for the Petitioner.

Mr SH Bohra, for the Respondents/Applicants in CHSL. CORAM: G.S. PATEL, J DATED:

4th September 2018 PC:- 1.

The decretal claim was Rs. 31,86,536.98/- as on 3rd September 2018. In 2006, the Judgment Debtor deposited Rs. 25 lakhs in this Court. This amount has been invested. 2.

It is now agreed between the parties that the amount deposited with accrued interest up to the amount of Rs. 31,86,536.98/- will be allowed to be withdrawn by the Decree Holder. The surplus, if any, is to be returned to the Judgment 4th September 2018

903-EXA126-06.DOC Debtor. The fixed deposit is to be broken and encashed for this purpose.

3.

On withdrawal of the aforesaid amount by the Decree Holder, the decree will be fully satisfied and will be got so marked within four weeks from the date of the withdrawal.

4.

Upon withdrawal, all attachments will stand raised. 5.

The Chamber Summons and the Execution Application are disposed of in these terms. No costs.

(G. S. PATEL, J) 4th September 2018