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Bombay High CourtIA/7206/2025allowed

Girish Vinodchandra Dhruva And ORS v. Smt. Neena Paresh Shah Thr Their Ca And ORS.

2026-02-10Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

2026:BHC-AS:6877 Sayyed 14-IA.7206.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7206 OF 2025 IN FIRST APPEAL NO.1252 OF 2013 Girish Vinodchandra Dhruva & Ors.

...Applicants/Appellants

Versus

Neena Paresh Shah & Anr.

...Respondents

_____________________________________________________ Mr. Sanket Mungale a/w Ms. Swapna Khemlapure for the Applicants /Appellants.

Mr. N. T. More i/by MMK Law Associates for the Respondents. _____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

10 FEBRUARY 2026 P.C.:

1.

This application is made for return of fixed deposit receipt which was placed by the applicants as a security pending the disposal of the suit and thereafter the first appeal. The details of the fixed deposit is mentioned in prayer clause (1).

2.

The applicants succeeded in the appeal filed in this Court. SLP against the said order was also dismissed. Therefore, the order passed in First Appeal No.1252 of 2013 has become final. 3.

The learned counsel for the applicants states that the security in the form of fixed deposit given by them should be returned. The learned counsel for the respondents does not have any objection to the said application.

4.

In view of above, interim application is allowed in terms of prayer clause (1) which reads as under :-

Sayyed 14-IA.7206.2025.doc "(1) That this Hon'ble Court be pleased to pass an order and direction to return and/or pay the aforementioned sum of Rs.2,00,000/- which was deposited in Syndicate Bank, Santacruz East, Mumbai in form of Fixed Deposit No.140046077236 along with the interest credited and accrued thereon till the date of actual payment."

5.

Interim Application is disposed of.

6.

Registry is directed to do the needful on the basis of application to be made by the applicants.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 10/02/2026 18:49:12