Disposed

Idbi Bank Limited v. Shri. Bajpe Shivram Shetty

Bombay HC5 Jan 2024IA/20499/2022

Case brief

AI extract

What is this about?

The Delhi High Court, in an interim application, allowed the landlord to withdraw 50% of the mesne profit deposited by the bank, subject to a conditional undertaking to return the funds if the bank succeeds in the pending revision appeal.

What did the court decide?

Applicant allowed to withdraw 50% of the deposited amount with accrued interest on furnishing a conditional undertaking.

Idbi Bank Limited Vs Shri. Bajpe Shivram Shetty — Execution and Attachment | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.01.0617:04:01 +0530

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 20499 OF 2022

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IN

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CIVIL REVISION APPLICATION NO. 17 OF 2020

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Bajpe Shivram Shetty ….. Applicant

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IN THE MATTER BETWEEN

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IDBI Bank Ltd.….. Applicant
VERSUS
Bajpe Shivram Shetty ….. Respondent

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Mr.S.G.Deshmukh a/w. Mr.S.P.Kanuga for the Applicant.

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Mr.Rakesh K. Singh a/w. Mr.Meet Vithalani for the IDBI.

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CORAM: RAJESH S. PATIL, J.

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 DATE : 5 JANUARY, 2024

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P.C. :-

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This interim application is filed by the original

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plaintiff/landlord, seeking to withdraw the amount deposited by
the original defendant/bank in this Court.

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2.It is the case of the applicant that he had filed a suit for

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eviction under the Transfer of Property Act against the bank as
the lease period had ended. In the said suit, a decree of
possession was granted, therefore the defendant/bank filed an

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appeal before the District Court. During the pendency of the
appeal, the parties agreed that the possession of the suit premises
be handed over back to the plaintiff. And the issue of mesne
profit be decided by the Trial Court.

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3.Accordingly it is admitted that the possession of the suit
premises was handed over to the present applicant/original
plaintiff on 27 November, 2007.

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4. Thereafter an application for mesne profit was decided by

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the Trial Court on 27 July, 2016, thereby fixing the mesne profit
at the rate of Rs.1,68,000/- per month from 1 October, 2000 to
27 November, 2007.

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5.An appeal of the bank against the said order passed by the
Trial Court was also rejected. Therefore, the bank has preferred
Civil Revision Application under section 115 of the Code of Civil
Procedure, 1908 before this Court which is pending for
admission.

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6. In the meanwhile, the bank deposited the entire amount

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along with interest as directed by this Court which is around
Rs.2,68,51,983/- by way of two pay orders i.e. one dated 3
September, 2022 of Rs.1,74,95,934/- and second pay order dated
15 November, 2022 of Rs.93,56,049/-.

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7. The applicant in the present interim application seeks to

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withdraw the amount deposited by the bank on such terms and
conditions as this Court may deem fit.

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8.It is the case of the applicant that the applicant cannot be
deprived at the fruits of the decree which has been passed by the
two Courts.

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9.The present interim application is opposed by the bank on
the ground that the Lower Court did not consider the documents
in appropriate prospective.

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10.I have considered the submissions made by both the sides.

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In the interim application, suffice will be the purpose if the

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applicant is allowed to withdraw 50% of the amount deposited

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by the bank along with accrued interest, on furnishing an
undertaking that in case the civil revision application is answered
in favour of the original defendant/bank, they will return back
the amount as directed by this Court. The undertaking should be

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filed by the applicant within a period of one week from today.

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11. Interim application is disposed of in the aforesaid terms.

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12. The parties to act on the authenticated copy of this order.

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13. Civil Revision Application is fixed for hearing on 6 February, 2024 at 2.30 p.m.

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14.The parties are at liberty to file a short synopsis and
proposition of law along with the judgments on which they rely
upon.

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[RAJESH S. PATIL, J.]

Idbi Bank Limited v. Shri. Bajpe Shivram Shetty

Case brief

What is this about?

What did the court decide?

Idbi Bank Limited v. Shri. Bajpe Shivram Shetty

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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