Disposed

Kavis Fashions Private Limited v. Rupani Spinning Mills Private Limited

Bombay HC23 Oct 2023IA/2888/2021

Case brief

AI extract

What is this about?

The court directed the appellant to deposit an additional sum of Rs. 65,00,000/- to satisfy a prior deposit order, permitting the respondent to withdraw the amount subject to security upon receipt of the cheque, and listed the main appeal for hearing.

What did the court decide?

Direction to deposit Rs. 65,00,000/-; permission to respondent to withdraw deposited amounts subject to furnishing security.

Kavis Fashions Private Limited Vs Rupani… — Civil Procedure and Limitation | Bombay HC (2023)

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k 1/3 6 ao 327.21 as.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO.327 OF 2021 WITH INTERIM APPLICATION NO.2888 OF 2021 IN APPEAL FROM ORDER NO.327 OF 2021

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Kavis Fashions Private Limited ....Appellant/Applicant V/S Rupani Spinning Mills Private Limited ....Respondent

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WITH INTERIM APPLICATION NO.3415 OF 2022 IN APPEAL FROM ORDER NO.327 OF 2021

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Rupani Spinning Mills Private Limited ...Applicant IN THE MATTER BETWEEN Kavis Fashions Private Limited ....Appellant V/S Rupani Spinning Mills Private Limited ....Respondent

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Mr. V.V. Tulzapurkar, Senior Advocate a/w Mr. Mandar Soman, Mr. Vaibhav Gaikwad, Mr. Tushad Kakalia i/b M/s. V & M Legal for the Appellant.

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Mr. Dinyar Madon, Senior Advocate, Mr. Prantik Majumdar, Mr. Abhineet Sharma and Mr. Kandarp Trivedi i/b M/s. Parinam Law Associates for Respondent-Rupani Spinning Mills.

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CORAM: SANDEEP V. MARNE, J. DATE : OCTOBER 23, 2023.

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katkam

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k 2/3 6 ao 327.21 as.doc

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P.C.:

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1 This Interim Application No.3415 of 2022 is filed by the Applicant/ Original Respondent complaining failure on the part of the Appellant to deposit the amount as directed by this Court by order dated 29 November 2021 read with the order of the Trial Court dated 4 January 2021. It appears that the Appellant has deposited the amount of Rs.2,17,01,603/-. According to Mr. Madon, the learned Senior Advocate for the Applicant/Original Respondent the said amount does not satisfy 50% of the amount as directed to be deposited under the order dated 4 January 2021 passed by the Trial Court. Both the sides have presented calculations in support of their respective amounts which according to them is required to be deposited as per order dated 29 November 2021.

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2 To put an end to the entire controversy it would be appropriate that the Appellant is directed to deposit further amount of Rs.65,00,000/- with a view to satisfy the deposit as directed by this Court by order dated 29 November 2021 so that hearing of the Appeal need not be deferred any further.

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3 Mr. Tulzapurkar, the learned Senior Advocate for the Appellant would submit that a cheque of Rs.65,00,000/- will be deposited during the course of the day. This Court by its order dated 1 March 2022 has already permitted the Applicant/Original Respondent to withdraw the deposited amount subject to furnishing security and/or undertaking to

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katkam

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k 3/3 6 ao 327.21 as.doc

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the satisfaction of the Trial Court. Accordingly further amount of Rs.65,00,000/- deposited in pursuance of the order passed today can also be withdrawn by the Applicant/original Respondent subject to furnishing security and/or undertaking to the satisfaction of the Trial Court.

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4 The Registrar to accept the cheque for Rs.65,00,000/- to be deposited by the Appellant.

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5 The Interim Application No.3415 of 2022 is accordingly disposed

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of.

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APPEAL FROM ORDER NO.327 OF 2021 & INTERIM APPLICATION NO.2888 OF 2021

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6 List the Appeal from Order and Interim Application on 25 October 2023.

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(SANDEEP V. MARNE, J.)

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katkam

Kavis Fashions Private Limited v. Rupani Spinning Mills Private Limited

Case brief

What is this about?

What did the court decide?

Kavis Fashions Private Limited v. Rupani Spinning Mills Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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