The High Court disposed of the preference appeal regarding deposit of Rs.80 lakhs by the appellant, directing the respondent to file a suit within 12 weeks. The Notice of Motion was disposed of as not surviving the main appeal. No opinion on merits was expressed.
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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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEALLODGING NO. 156 OF 2018
IN
COMPANY PETITION NO. 749 OF 2016
WITH
NOTICE OF MOTION LODGING NO. 319 OF 2018
Dazzler Confectionary Company Pvt. Ltd.
.. Appellant
Vs.
Mohit Khabar Khabar
.. Respondent
Mr. Nikhil Sakhardande aa/w Ms. Shubhra Paranjape i/by Law Square for appellant.
Mr. Ahuja i/by Thakordas and Madgavkar for respondent.
CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ.
JULY 09, 2018.
P.C.
order and the record placed before us.
counsel for the appellant submits that an amount of Rs.80 lakhs has been
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deposited in the month of April, 2018 with the Prothonotary & Senior Master.
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Single Judge, the amount deposited be invested in a Fixed Deposit scheme with a nationalized bank. In case the respondent fails to file a Suit, then the
appellant may resort to appropriate proceeding.
is disposed of.
(G. S. KULKARNI J.) (NARESH H. PATIL,J.)
2 issues framed by the court
Whether the appeal needs to be disposed of after deposit of security amount.
Whether the notice of motion survives the disposal of the main appeal.
Dazzler Confectionary Company Pvt. Ltd.
Mohit Khabar Khabar
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
