Nikhil Rashmikumar Zaveri v. Haridas Madhav Nayak

55-IA-717-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.717 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.01.29 19:52:27 +0530 IN CIVIL REVISION APPLICATION NO.108 OF 2020 ARJUN VITTHAL KUDHEKAR Nikhil Rashmikumar Zaveri & Anr.

...Applicants

IN THE MATTER BETWEEN:

Haridas Madhav Nayak ...Applicant

Versus

Nikhil Rashmikumar Zaveri & Ors.

...Respondents

_____________________________________________________________ Mr. Amit A. Patil i/b Parinam Law Associates, for the Applicants in IA/717/2025.

Mr. Sahil Wagh i/b Mr. Abhishek Patil, for the Applicant in CRA/108/2020.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 20 JANUARY 2025 P.C.:

1.

Heard Mr. Patil, learned Counsel for the Applicants in Interim Application No.717 of 2025 and Mr. Wagh, learned Counsel for the Applicant in Civil Revision Application No.108 of 2020. 2.

The prayer in Interim Application is that the Applicant No.1 and Applicant No.2 i.e. Respondent Nos.1 and 2 in Civil Revision Application No.108 of 2020 be allowed to withdraw an amount of Rs.6,30,000/- deposited by the Original Applicant in Civil Revision Application in this Court.

55-IA-717-2025.doc 3.

A learned Single Judge by Order dated 10th April 2024 has admitted the Civil Revision Application No.108 of 2020 and also permitted the Respondent Nos.1 and 2 in Civil Revision Application No.108 of 2020 i.e. present Applicants to withdraw the amount as and when deposited by the Original Applicant subject to the Plaintiff No.2 filing an undertaking within a period of 2 weeks that they would return back the said amount withdrawn by them along with interest if the same is directed.

4.

Learned Counsel for the Applicants states that such undertaking is already filed.

5.

Accordingly, the Interim Application is allowed in terms of prayer clause (a).

[MADHAV J. JAMDAR, J.]