Mahesh So Gordhandas Chellani v. Kanta Arjundas Bajaj And Others

2024:BHC-NAG:4324 1 9-CAS-202-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 202 OF 2024 IN SECOND APPEAL NO. 406 OF 2023 MAHESH S/O GORDHANDAS CHELLANI Vrs.

KANTA D/O ARJUNDAS BAJAJ AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. U. Nemade, Advocate for applicant/appellant. Shri A. V. Kalraiya, Advocate for Caveator/respondent No.1. Shri Sahil Dewani, Advocate for respondent Nos.3 and 4 - Intervener. CORAM: ANIL L. PANSARE, J.

DATE : 16/04/2024.

1.

In compliance to the order dated 02/04/2024, the counsel for respondent Nos.3 and 4 submits that he will deposit Rs.2,00,000/- during the course of the day.

2.

Permission granted.

3.

Learned counsel for respondent No.1 submits that respondent No.1 has deposited additional Rs.2,00,000/- as assured.

4.

Thus, respondent No.1 in all, has deposited Rs.4,00,000/-. The respondent Nos.3 and 4 had deposited Rs.2,00,000/- and would be depositing Rs.2,00,000/- today. Thus, the total sum deposited by respondent Nos.3 and 4 will also be Rs.4,00,000/-

2 9-CAS-202-24.odt 5.

The applicant-appellant by filing present application has sought directions against respondent Nos.3 and 4 to deposit the decretal amount of Rs.3,93,829/- along with interest @ 6% per annum in terms of the Judgment passed by the trial Court. 6.

As noted above, the respondent Nos.1 to 4 have deposited Rs.6,00,000/- and additional Rs.2,00,000/- will be deposited by respondent Nos.3 and 4 today.

7.

In view of above, the purpose of filing of application has been served. Learned counsel for the applicant admits the same.

8.

Civil Application No. 202/2024 is disposed of as has served the purpose.

SECOND APPEAL NO. 406 OF 2023 9.

Stand over to 24/04/2024.

[ANIL L. PANSARE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 16/04/2024 19:28:15