Bombay High CourtCAO/875/2013dispossed offdismiss for default

Maharashtra Industrial Development Corporation Through Chief Executive Officer And Others v. Govardhani Construction Company Through Partner Vijay Narayan Mhatre

2015-03-31Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

3103cao875.13.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 875 OF 2013 IN CIVIL APPLICATION (CAF) NO. 2943 OF 2012 IN FIRST APPEAL (STAMP) NO. 19739 OF 2012 (Maharashtra State Industrial Development Corporation & others Vs. Gowardhani Construction Company) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. M. Agnihotri, Advocate for the applicants. CORAM : B. P. DHARMADHIKARI AND S. B. SHUKRE, JJ.

DATED : 31 MARCH, 2015 The respondent-decree holder seeks permission to withdraw an amount of Rs.1,46,40,047/- deposited by the appellantsdefendants on 15/01/2013 with the Registry of this Court.

The suit filed by the applicant/respondent was for recovery of damages and it arose out of contract between the parties.

The request for withdrawal is being opposed by the appellants-defendants.

Senior Advocate Shri S. P. Dharmadhikari with Advocate Shri Gandhi submits that if appeal is heard expeditiously, interest of justice can be met

3103cao875.13.odt 2/2 with. According to him, if usual order is passed and if Bank guarantee is furnished, it may substantially reduce the benefit of decree, which the applicant has secured in the civil suit.

Advocate Shri Agnihotri for the appellants have no objection if the matter is heard early. In this situation, we direct the Registry to invest the amount deposited by the appellants in any nationalized Bank initially for the period of 24 months.

The respondent shall furnish private paper book within three months. Liberty to move for date of hearing thereafter.

Civil application stands disposed of.

JUDGE JUDGE wwl