Allowed

Crown Maritime Co. (India) Pvt. Ltd. v. Prabha P. Shenai

Bombay HC24 Feb 2009NMA/4105/2006

Case brief

AI extract

What is this about?

In this Notice of Motion, the Bombay High Court granted permission to the Respondent-Decree Holder to withdraw the amount deposited by the Appellant-Judgment Debtor along with interest upon furnishing surety, dismissing the Appellant's submission about lack of service.

What did the court decide?

Notice of Motion made absolute permitting withdrawal of deposited amount with interest on furnishing of surety.

Crown Maritime Co. (India) Pvt. Ltd. Vs Prabha… — Civil Procedure and Limitation | Bombay HC (2009)

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 [-1-]

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION
 NOTICE OF MOTION NO.4105 OF 2006
 IN
 APPEAL NO.800 OF 2005
 IN
 SUMMONS FOR JUDGMENT NO.1348 OF 2001
 IN
 SUMMARY SUIT NO.2826 OF 1998

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 Crown Maritime Company
 (India) Pvt.Ltd. ..Appellant
 Vs.

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 Mrs.Prabha P.Shenai ..Respondent

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 ....
 Mr.Zal Andhyarujina along with Jayant Gaikwad
 i/b Parasd Das for Appellant
 Mr.P.R.Shenai Constituted Attorney of
 Respondent/in support of Notice of Motion

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 CORAM: J.N.PATEL AND
SMT.V.K.TAHILRAMANI, JJ.
 DATE : FEBRUARY 24, 2009

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P.C.

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 1. Heard.

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 2. This Notice of Motion is taken out by original
 Plaintiff-Decree Holder seeking permission of this
 Court to allow Respondent to withdraw the amount
 deposited by the Appellant in this Court along with
 interest accrued thereon on such terms and
 conditions as this Court may deem fit and proper.

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 3. The learned counsel for the Appellant-Judgment
 Debtor says that copy of the Motion is not served
 upon him. Respondent-Decree Holder has shown the
 acknowledgement of the Advocate appearing for the
 Appellant for having served the copy of the Notice
 of Motion. Notice of Motion is pending since 2006
 and has been adjourned from time to time for no

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 reason. Power of Attorney of the Decree Holder
 informs us that even cost of Rs.20,000/- was levied
 on the Appellant who has failed to deposit the
 same. Well apart from this, we do not find any
 reason why the Respondent-Decree Holder should not
 be permitted to withdraw the amount deposited in
 this Court by Appellant with interest on furnishing
 surety to the satisfaction of the Prothonotary and
 Sr.Master. Therefore, Notice of Motion is made
 absolute in terms of prayer clause (a) with no

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 order as to costs.

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[J.N.PATEL, J.]

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 [-3-]

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[SMT.V.K.TAHILRAMANI,J.]

Crown Maritime Co. (India) Pvt. Ltd. v. Prabha P. Shenai

Case brief

What is this about?

What did the court decide?

Crown Maritime Co. (India) Pvt. Ltd. v. Prabha P. Shenai

Case brief

What is this about?

What did the court decide?

What the court decided

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