Toral @ Bhakti Sandeep Gandhi v. Sandeep Virendra Gandhi

FCA 103-24@GRP.DOC Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.05.09 21:54:32 +0530 CIVIL APPELLATE JURISDICTION PRAJAKTA SAGAR VARTAK FAMILY COURT APPEAL NO. 113 OF 2024 WITH INTERIM APPLICATION NO. 1883 OF 2023 Sandeep Virendra Gandhi ...Appellant Vs.

Mrs. Toral @ Bhakti Sandeep Gandhi

...Respondent

AND FAMILY COURT APPEAL NO. 103 OF 2024 WITH INTERIM APPLICATION NO. 2008 OF 2024 Mrs. Toral @ Bhakti Sandeep Gandhi ...Appellant Vs.

Sandeep Virendra Gandhi

...Respondent

_______ Ms. Parul Vedak with Ms. Bhoomi Vishwakarma, Mr. Sanamjeet Kaur Kalsi i/b. Parul Vedak & Associates for Appellant in FCA No. 103 of 2024. Ms. Taubon Irani for Respondent.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

09 MAY 2025.

P.C.

1.

On the present proceedings we had passed an order on 15 January 2025 permitting deposit of the decreetal amount of Rs.1,50,00,000/- in this Court. The said order reads thus:- "1.

We have heard learned counsel for the parties on the present proceedings, which was urgently circulated before us on behalf of the appellant-Sandeep Gandhi. The only question posed before us is in respect of the amount of permanent alimony as ordered by the learned Judge of the Family Court by the impugned order dated 22 July, 2022 while granting divorce to the parties by mutual consent.

2.

We are informed that the execution proceedings are pending. We would be required to list the appeal and hear the 09 May 2025

FCA 103-24@GRP.DOC parties, however, as informed to the Court on the earlier occasion, the appellant-husband is ready and willing to deposit in this Court the decretal amount of Rs.1,50,00,000/- within a period of six weeks from today and in two installments. Let the said amount be deposited in this Court within six weeks and in two installments. After the amounts are deposited within the stipulated period, we shall proceed to hear the parties including on the prayers of the respondent for withdrawal of the said amount. 3.

Accordingly, list the proceedings on 28 February, 2025 (H.O.B.).

4.

Till the adjourned date of hearing, the respondent shall not proceed with the execution of the decree."

2.

However, we note from the said order that we had not passed any order as to the interest. We accordingly direct that from the date of the judgment and order passed by the Family Court, interest at the rate of 9% on the said amount of Rs.1,50,00,000/- till the deposit of the said amount in this Court, be deposited within a period of four weeks from today. 3.

Ordered accordingly.

4.

List the proceedings for compliance on 13 June 2025. (ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 09 May 2025