Symbiosis Thr. Its Trustees Dr. Shantaram Balwant Majumdar And Others v. Ashwin Gowardhandas Jasapara And Others

11-asao-719-2024+.doc Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.719 OF 2024 WITH INTERIM APPLICATION NO.13861 OF 2024 Symbiosis Thr. Its Trustees & Ors.

... Appellants V/s.

Ashwin Gowardhandas Jasapara & Ors.

... Respondents _______________________ Mr. Pradeep J. Thorat a/w. aDv. Ravi Bhardwaj, Adv. Gaurav Kumar, Adv. Akash Joshi for the Appellants.

Ms. Aparajita Chandra for the Respondents.

_______________________ CORAM : KAMAL KHATA, J.

DATED : 1ST DECEMBER 2025.

P.C. :

1.

By an Order dated 17th October 2024, the Appellant was directed to deposit a sum of Rs.2,53,00,000/- towards the principal amount and Rs.89,00,000/- towards interest thereon, on or before 25th October 2024. Until such deposit was made, the Appellant was restrained by an injunction from carrying out any further construction on the suit property or from using the suit property for any purpose.

2.

By a compliance affidavit dated 27th November 2024, the Appellant placed on record that they had complied with the order 1/2 Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.12.02 14:33:56 +0530 SUMEDH NAMDEO SONAWANE

11-asao-719-2024+.doc dated 17th October 2024 by depositing the amounts as directed. 3.

In view of the deposit made by the Appellant, I find that the Respondent stands secured towards the claim in the suit, and there is no reason to continue the injunction granted by the Order dated 22nd August 2024. The injunction is, therefore, set aside. 4.

In the event, the Trial Court has not already re-invested the amount deposited, it may consider renewing the deposit for such period up to three months beyond a year so as to fetch a higher rate of interest. If already invested, this direction shall be considered for the next renewal until the disposal of the Suit. 5.

The Appeal from Order is accordingly dismissed. 6.

In view of the dismissal of the Appeal, Interim Application does not survive and is accordingly disposed of. (KAMAL KHATA, J.) 2/2