In a notice of motion, the court rejected the appellant's prayers for withdrawal of a security deposit or substitution with a bank guarantee while declining to list the appeal for final hearing.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1634 OF 2017 IN APPEAL NO. 595 OF 2016 IN NOTICE OF MOTION (L) NO. 666 OF 2015 IN SUIT NO. 431 OF 2015
Runwal Residency Private Ltd. .. Applicant
In the matter between
Runwal Residency Private Ltd. .. Appellant Vs. Metropolitan Infra Housing Pvt. Ltd. .. Respondent
Mr. Ravi Kadam, Senior Advocate with Mr. Nikhil Sakhardande, Mr. Denzil Arambhan, Ms. Apeksha Munot i/by Wadia Gandy & Co. for applicant-appellant.
Mr. V. A. Thorat, Senior Advocate with Mr. Vaibhav Sugdhare and Mr. Durgaprasad Poojari i/by PDS Legal for respondent.
Mr. Dinyar Madan, Senior Advocate with Mr. Rajeev Carvalo, Mr. Sachin Chandrana and Mr. Rohit Lalwani i/by M. K. Ambalal & Co. for applicant in NMA/1015/2017.
CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ.
FEBRUARY 28, 2018. P.C.
amount of Rs.100 crores deposited with the Registry of this court and/or
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for substituting the said amount by furnishing bank guarantee. The learned Senior Counsel Mr. Kadam submits that the amount was deposited on 9/1/2017.
“4. In order to have the extension of the status-quo order or the interim order already granted way back in 2015, we direct the appellant to deposit Rs.100 crore with the Prothonotary and Senior Master of this Court within six weeks from today. The status-quo order already granted will continue for a period of six weeks, so a to enable the appellant to deposit Rs.100 crore in this Court, failing which, the status-quo order shall automatically come to an end.”
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Counsel for the petitioner is granted four weeks' time to deposit the amount of Rs.100 Crores (Rupees hundred crores) as directed by the High Court.
Pending applications, if any, stand disposed of.”
respondent has opposed both the reliefs prayed for on behalf of the applicant. The learned counsel submitted that the suit property, as on today, is worth of Rs.1500 crores and even on merits there is no case made out by the applicant-appellant for seeking withdrawal of the said amount.
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submits that the appeal may be listed for final hearing. In view of the pendency of the old matters, for the present, we are not inclined to fix the appeal for final hearing. Liberty to mention at an appropriate stage.
(G. S. KULKARNI J.) (NARESH H. PATIL,J.)
Runwal Residency Private Ltd.
Metropolitan Infra Housing Pvt. Ltd.
NARESH H. PATIL
G. S. KULKARNI
As recorded by the court registry
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