M/S. Skon Enterprise v. International Structural Engineering Works Prvt Ltd,

30-IA-6279-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN PRASHANT DHURI Date:

2025.12.11 11:17:12 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 6279 OF 2025 IN SUIT NO. 185 OF 2014 M/s. Skon Enterprise ... Applicant

Versus

International Structural Engineering Works Pvt Ltd and others ... Respondents ............

Mr. Arjun Prabhu alongwith Mr. Jayesh Desai and Mr. Durgaprasad, Advocate for the Applicant.

Mr. Durgaprasad Poojari instructed by PDS Legal, Advocate for the Respondent No.1.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

10 DECEMBER 2025 P.C. :

1.

This Interim Application by the Applicant/Plaintiff seeks to withdraw Rs.1,50,00,000/- deposited by the Defendant No.1 by its letter dated 3rd September 2025.

2.

Mr. Prabhu, learned Counsel, appearing for the Applicant/ Plaintiff submits that the Applicant/Plaintiff is entitled to the same pursuant to the Consent Minutes of Order dated 4th October 2018 whereby the Defendant No.1 has agreed to pay the Plaintiff Rs.1,50,00,000/-.

Kanchan Dhuri 1/2

30-IA-6279-2025.doc 3.

Mr. Poojari, learned Counsel, appearing for the Defendants has no objection if the amount is allowed to be withdrawn, however submitting that any GST that would be payable on the same would be to the account of the Applicant/Plaintiff.

4.

Mr. Prabhu, learned Counsel, for the Applicants disputes the same, submitting that the applicability of GST is not the prayer sought for in this Application.

5.

The Applicant as per prayer clause (2)(b) of the consent terms dated 4th October 2018 was entitled to be paid Rs.1,50,00,000/- by the Defendant No.1. The said amount is lying with the Court and to the withdrawal of the same, the Defendant No.1 has no objection as submitted by Mr. Poojari, learned Counsel for the Defendants. 6.

Accordingly, having heard the learned Counsel, the Application is allowed in terms of prayer clause (a). 7.

The Prothonotary & Senior Master to release the said amount within a period of two weeks after due verification. 8.

The Interim Application stands allowed and disposed as above.

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2