This interim order accepted an undertaking by the applicant to deposit outstanding arrears before the Small Causes Court. The court warned of execution proceedings if the deposit was not made.
The undertaking to deposit Rs.43,70,000/- for arrears was accepted; the interim application was disposed of.
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Sajakali Jamadar
36-Ia-3006-2021-Wp-10806-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
INTERIM APPLICATION NO. 3006 OF 2021
IN
WRIT PETITION NO. 10806 OF 2019
Indu Nissan Oxo Chemical Industries Ltd.… Applicant/
Petitioner
V/s.
Indo Nippon Chemical Company Limited… Respondent
Mr. B.R. Dalal, for Applicant/Petitoner.
Mr. Karl Tamboly a/w Mr. Bharatkumar M. Jain i/by M/s. Hariani & Co. for
the Respondent.
CORAM : A.S. GADKARI, J.
DATE : 25th October, 2021.
P.C. :
1.In view of the deliberation which took place in Court on earlier
occasions, Advocate Mr. Dalal, learned Advocate for the applicant/petitioner
has today submitted undertaking dated 23rd October, 2021. The same is taken
on record and marked "X" for identification.
2.It is stated in the undertaking that, on or before 10th November,
2021, the applicant will deposit entire arrears till October-2021, totaling to
Rs.43,70,000/-, in the Registry of the Small Causes Court, at Mumbai as per
Order dated 12th February, 2020, passed by this Court. The said undertaking
is accepted.
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.10.29 18:14:11 +0530
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Sajakali Jamadar 36-Ia-3006-2021-Wp-10806-2019.odt
3.It is made clear that, if the applicant fails to deposit the said
amount as undertaken by him, necessary consequence of execution of decree
passed by the Trial Court would follow.
4.It is needless to mention that, the applicant will continue to
deposit the said monthly compensation in the Registry of the Trial Court on
stipulated date as per the Order dated 11th December, 2013, passed by the
learned Appellate Bench of the Small Causes Court at Mumbai.
Interim Application is accordingly disposed off.
[A.S. GADKARI, J.]
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Indu Nissan Oxo Chemical Industries Ltd.
Indo Nippon Chemical Company Limited
A.S. GADKARI
As recorded by the court registry
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