Varun Khandelwal v. Rajan Kumar Manchada

902-s-212-2024.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.212 OF 2024 Varun Khandelwal ...Plaintiff

Versus

Rajan Kumar Manchada ...Defendant ---------- Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.08.07 11:45:38 +0530 Mr. Mutahhar Khan, i/b. Bellator Legal Services LLP for the Plaintiff. JITENDRA SHANKAR NIJASURE Mr. Aadil Parsurampuria with Ms. Pragya i/b. M/s. Legal Vision for Defendant.

---------- CORAM : R.I. CHAGLA J.

DATE : 6TH AUGUST, 2025.

ORDER :

1.

Mr. Mutahhar Khan the learned Counsel appearing for the Plaintiff has sought leave to withdraw the above Suit with liberty to file appropriate proceedings.

2.

In view thereof, the Suit No.212 of 2024 is disposed of as withdrawn with liberty as prayed.

3.

The Interim Applications, if any, filed therein do not survive and are disposed of accordingly.

4.

Refund of Court Fees in accordance with law.

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902-s-212-2024.doc 5.

The learned Counsel appearing for the Defendant has referred to the fact that the Defendant had withdrawn the sum of Rs.7.65 Crores on 3rd August, 2023, which had been deposited by the Plaintiff vide order dated 31st May, 2023 as recorded in the Order dated 4th August, 2023. He has submitted that there is an interest component which had accumulated on the said deposited sum of Rs.7.65 Crores. In view of the above Suit having been withdrawn by the Plaintiff, the Prothonotary and Senior Master may be directed to pay the interest component of Rs.2,35,303/- which has accumulated on the deposited sum of Rs.7.65 Crores to the Defendant. 6.

In view thereof, the Prothonotary and Senior Master of this Court is directed to pay the sum of Rs.2,35,303/- i.e. the accumulated interest on the invested sum of Rs.7.65 Crores which had been deposited by the Plaintiff pursuant to the Order dated 31st May, 2023, to the Defendants within a period of two weeks from today. This is without prejudice to the rights and contentions of the Plaintiff to adjudicate the same in the appropriate proceedings for which liberty has been granted.

[ R.I. CHAGLA J. ] 2/2