Disposed

Crystal Chemical Inds. v. Jips Dyechem Industries and Ors.

Bombay HC24 Sept 2013NMS/854/2013

Case brief

AI extract

What is this about?

Applicants applied for release of funds deposited in this Court. The Court held that since the underlying suit had been dismissed, the Prothonotary & Senior Master was directed to release the deposited sum along with accrued interest within three weeks.

What did the court decide?

Order directed Prothonotary & Senior Master to release the deposited amount with accrued interest to applicants within three weeks.

Crystal Chemical Inds. Vs Jips Dyechem Industries… — Execution and Attachment | Bombay HC (2013)

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.. 1 .. 13-NMS-854/13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .

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ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.854 OF 2013 IN SUMMONS FOR JUDGMENT NO.478 OF 1999 IN

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SUMMARY SUIT NO.622 OF 1999

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Mr Sushil Kumar L. Sinha & Anr. ... Applicants/Ori. Defendant Nos.2 & 3. In the matter between : Crystal Chemical Industries ... Plaintiff Vs. Jips Dyechem Industries & Ors. … Defendant

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Mr Anil Lulla for applicants.

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None for respondents.

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CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 24, 2013.

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P.C.

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By this notice of motion, applicants (original defendant Nos.2 & 3)

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seek an order and direction that the amount deposited by defendant Nos.2 &

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3 in this Court pursuant to the order passed by division bench on 22^nd

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November 2006 be released in favour of the applicants.

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On perusal of order dated 22^nd November 2006 passed by division bench, it appears that the order passed by learned single Judge of this Court

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Asmita

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.. 2 .. 13-NMS-854/13

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in summons for judgment was modified and the appellants in the said appeal were directed to deposit a sum of Rs.2,50,000/- in this Court. Learned counsel appearing for the applicants submits that pursuant to the said order passed by division bench, the said amount has been deposited with the Prothonotary & Senior Master. It is the case of the applicants that the said suit in which the said amount has been deposited by the defendants, has been dismissed as far back as on 5^th June 2008 since the plaintiff did not appear. According to the applicants, amount of Rs.3,35,143.04 is lying with the C. S. Department of this Court to the suit account which is the amount inclusive of interest.

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Learned counsel appearing for the applicants submits that affidavit of service has been filed showing that defendants have not claimed the service of this proceedings.

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Since the suit in which the amount has been deposited by the applicants has been dismissed, Prothonotary & Senior Master is directed to release the amount deposited by the applicants with accrued interest thereon to the applicants within three weeks from today.

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Notice of motion is accordingly disposed of in aforesaid term. No order as to costs.

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( R.D.DHANUKA, J.)

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Asmita

Crystal Chemical Inds. v. Jips Dyechem Industries and Ors.

Case brief

What is this about?

What did the court decide?

Crystal Chemical Inds. v. Jips Dyechem Industries and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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