Disposed

Priyanka Enterprises and Anr. v. the State of Maharashtra and Ors.

Bombay HC19 Aug 2006CAF/1826/2006

Case brief

AI extract

What is this about?

High Court Bench of Bombay, under Civil Application No. 1826 of 2006, permitted applicants and their assignees to withdraw the decretal amount deposited in the trial court upon furnishing a bank guarantee, subject to conditions for any additional liability.

What did the court decide?

Applicants permitted to withdraw deposited amount on furnishing a bank guarantee of a nationalised bank satisfactio

Priyanka Enterprises and Anr. Vs the State of Maharashtra and Ors. — Bombay HC (2006) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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 CIVIL APPLICATION NO. 1826 OF 2006
 IN
 CIVIL APPLICATION NO. 5005 OF 2006
 IN

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 FIRST APPEAL NO. 1938 OF 2006

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 M/s. PRIYANKA ENTERPRISES & ANR.. APPLICANTS

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 Versus

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 THE STATE OF MAHARASHTRA & ORS. RESPONDENTS

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 Mr. G.S. Godbole for the applicants

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 Mr. K.K. Tated, AGP

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 CORAM:-SMT. RANJANA DESAI &

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 SMT. V.K. TAHILRAMANI, JJ.

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 DATED:-19/8/2006

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 P.C.

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 . We have heard Mr. Godbole, learned counsel for

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 the applicants and Mr. Tated, learned AGP.

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 3. Mr. Tated has made a statement that the entire

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 decretal amount is deposited in the trial court as
 directed by this court. There is some dispute as
 to whether the amount as ordered by this court by
 its order dated 5/12/05 is deposited by the
 applicants or not. By our order passed on Civil
 Application No. 5005 of 2005 the executing court

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 has been directed to find out as to whether any
 deficit amount is due from the respondents. Mr.
 Godbole prays that in the meantime the applicants
 or their assignees be permitted to withdraw the
 deposited amount. The prayer deserves to be
 granted on the condition that the applicants or
 their assignees furnish the necessary bank
 guarantee. Hence the following order:

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 a) The applicants and/or their assignees

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 are permitted to withdraw the entire
 amount deposited by the respondents in
 the trial court on the condition that for
 the said amount the applicants and/or
 their assignees furnish bank guarantee of
 a nationalised bank to the satisfaction
 of the trial court;

¶22

 b) In case the respondents are required
 to pay any additional amount in the trial
 court, the applicants are permitted to
 give additional bank guarantee of any
 nationalised bank to the satisfaction of
 the trial court for the said amount and
 withdraw the same.

¶23

 c) Civil application is disposed of.

¶24

 (SMT. RANJANA DESAI,J.)

¶25

¶26

 (SMT.) V.K. TAHILRAMANI, J.)

Priyanka Enterprises and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Priyanka Enterprises and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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