M/S. Sundaram Multipap Ltd., Andheri (E), Mumbai Thr. Authorized Officer Dishant Sharma And Others v. M/S. Floton Commodities, Proprietary Firm, Thr Its Proprietor, Mayur S/O Kishorebhai Bagadia

2024:BHC-NAG:3559 1 47.CAS.53-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 53 OF 2024 I N SECOND APPEAL NO. 120 OF 2023 ( M/s. Sundaram Multipap Ltd., & Ors.

Vs.

M/s. Floton Commodities) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Yash Maheshwari, Advocate for the Appellants. Ms. Rashi A. Deshpande, Advocate for the Respondent. CORAM: BHARAT P. DESHPANDE, J.

DATED : 22nd MARCH, 2024 Heard learned counsel for the respondent/decree holder and learned counsel for the appellants/judgment debtors.

2.

The application is for withdrawal of an amount of Rs.5,00,000/- deposited by the appellants on the basis of undertaking.

3.

Though the learned counsel for the appellants has objected to such withdrawal, the fact remains that there are concurrent findings and only an amount of Rs.5,00,000/- is deposited out of the total amount which is more than Rs.18,00,000/-. Accordingly, the application is allowed on the condition that the respondent shall give undertaking to the effect that the amount shall be refunded with interest as and

2 47.CAS.53-2024.odt when directed by this Court.

4.

The application stands disposed of accordingly. (BHARAT P. DESHPANDE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 22/03/2024 17:51:15