Symbiosis Thr. Its Trustees Dr. Shantaram Balwant Majumdar and Others vs Ashwin Gowardhandas Jasapara and Others — Bombay HC (2025) — LawSathi Research

Symbiosis Thr. Its Trustees Dr. Shantaram Balwant Majumdar and Others vs Ashwin Gowardhandas Jasapara and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The injunction granted by the Order dated 22nd August 2024 (restraining further construction on and use of the suit property) is set aside consequent upon the Appellant's deposit of Rs.2,53,00,000/- towards principal and Rs.89,00,000/- towards interest; the Trial Court is directed to consider renewal of the deposit for higher interest; Interim Application No.13861 of 2024 disposed of as not surviving.

Issue for consideration

Whether, upon the Appellant's compliance with the deposit direction dated 17th October 2024, the injunction granted by the Order dated 22nd August 2024 restraining further construction on and use of the suit property ought to continue.

Court's answer

Since the Appellant has deposited the amounts directed by the Order dated 17th October 2024, the Respondent stands secured towards the claim in the suit and there is no reason to continue the injunction granted by the Order dated 22nd August 2024; the injunction is set aside.

Ratio / Principle

If the Trial Court has not already re-invested the amount deposited, it may consider renewing the deposit for a period up to three months beyond a year so as to fetch a higher rate of interest; if already invested, this direction is to be considered at the next renewal, until disposal of the Suit.

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Kamal Khata, J.), 1st December 2025 — Appeal From Order No.719 of 2024 allowed. By an Order dated 17th October 2024, the Appellants (Symbiosis through its Trustees & Ors.) were directed to deposit Rs.2,53,00,000/- towards principal and Rs.89,00,000/- towards interest by 25th October 2024, and until such deposit they stood restrained by an injunction (granted by Order dated 22nd August 2024) from carrying out further construction on the suit property or using it for any purpose. By a compliance affidavit dated 27th November 2024 the Appellants recorded that the deposits had been made. Holding that the Respondent thereby stood secured towards the claim in the suit, the Court set aside the injunction dated 22nd August 2024, directed that if not already re-invested, the Trial Court may consider renewing the deposit for up to three months beyond a year to fetch higher interest (or at the next renewal) until disposal of the Suit, allowed the Appeal from Order, and disposed of Interim Application No.13861 of 2024 as not surviving. The order is corrected/modified as per speaking to the minutes of the Order dated 4th December 2025.

11-asao-719-2024+ modified.doc

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.719 OF 2024 WITH

INTERIM APPLICATION NO.13861 OF 2024

Symbiosis Thr. Its Trustees & Ors. ... Appellants V/s. Ashwin Gowardhandas Jasapara & Ors. ... Respondents

Mr. Pradeep J. Thorat a/w. aDv. Ravi Bhardwaj, Adv. Gaurav Kumar, Adv. Akash Joshi for the Appellants. Ms. Aparajita Chandra for the Respondents.

CORAM : KAMAL KHATA, J.

DATED : 1ST DECEMBER 2025.

P.C. :

By an Order dated 17th October 2024, the Appellant was

directed to deposit a sum of Rs.2,53,00,000/- towards the principal amount and Rs.89,00,000/- towards interest thereon, on or before 25th October 2024. Until such deposit was made, the

Appellant was restrained by an injunction from carrying out any further construction on the suit property or from using the suit property for any purpose.

By a compliance affidavit dated 27th November 2024, the Appellant placed on record that they had complied with the order

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11-asao-719-2024+ modified.doc

dated 17th October 2024 by depositing the amounts as directed.

In view of the deposit made by the Appellant, I find that the

Respondent stands secured towards the claim in the suit, and there is no reason to continue the injunction granted by the Order dated 22nd August 2024. The injunction is, therefore, set aside.

In the event, the Trial Court has not already re-invested the amount deposited, it may consider renewing the deposit for such period up to three months beyond a year so as to fetch a higher rate of interest. If already invested, this direction shall be considered for the next renewal until the disposal of the Suit.

The Appeal from Order is accordingly allowed.

In view of the same, Interim Application does not survive and is accordingly disposed of.

(KAMAL KHATA, J.)

Note: This order is corrected/modified as per speaking to the mintues of Order dated 4^th December 2025. Corrections are shown in italics.

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