Appeal partly allowed permitting appellant to withdraw Rs. 40 lacs from deposited funds while remaining Rs. 10 lacs stay invested in a fixed deposit, subject to final suit outcome.
Permission granted to withdraw Rs. 40 lacs; remaining Rs. 10 lacs to remain in fixed deposit in a Nationalized Bank under Cumulative Interest Scheme.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.165 OF 2014 IN NOTICE OF MOTION NO.1009 OF 2013 IN SUIT NO.2755 OF 2011
… Shri Surendra Bhorilal Sharma ...Appellant v/s. Smt.Premlata Chittaranjan Sharma and ors. ...Respondents … Mr.N.R.Pradhan for the appellant. Mr.Ashutosh Shukla for respondent No.18 Ms.Siddhi Doshi i/b Vinod Jawale for respondent No.19. Mr.Wasim Amin for respondents Nos. 1 to 5.
CORAM: MOHIT S. SHAH, C.J. & M.S.SANKLECHA, J. DATE : 28 APRIL 2014
P.C.:
This appeal is directed against order dated 21 February 2014 of the learned Trial Judge dismissing the appellant-plaintiff's notice of motion for permission to withdraw Rs.50 lacs deposited by defendant No.19 in this Court pursuant to the order dated 12 March 2013 of the Division Bench in Appeal No.14 of 2013, which was directed against an interlocutory order.
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CHIEF JUSTICE
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3 issues framed by the court
Whether the appellant-plaintiff should be permitted to withdraw part of the deposited amount pending the outcome of the suit.
Whether the remaining deposited amount should be continued to be invested to protect respondents from potential litigation consequences.
Whether the withdrawal order affects the title obtained by defendant No.20.
Shri Surendra Bhorilal Sharma
Smt. Premlata Chittaranjan Sharma
MOHIT S. SHAH
M.S. SANKLECHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
