Pradip Bastimal Chopra vs I. N. Halkara H.U.F. through Its Karta Indarmal N. Halkara — Bombay HC (2025) — LawSathi Research

Pradip Bastimal Chopra vs I. N. Halkara H.U.F. through Its Karta Indarmal N. Halkara — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Consent arrangement: Appellant to deposit Rs.4,36,00,000/- with interest @ 8% per annum from 2 February 2022 till date of deposit within 12 weeks; on such deposit, judgment and decree dated 6 June 2022 set aside and leave to defend restored (written statement within 4 weeks of deposit); Plaintiff free to apply to the Trial Judge for withdrawal of the deposit; failing deposit, the decree dated 6 June 2022 revives; all merits contentions kept open.

Issue for consideration

Whether, upon the Appellant's deposit of Rs.4,36,00,000/- together with interest @ 8% per annum from 2 February 2022, the impugned judgment and decree dated 6 June 2022 should be set aside and leave to defend the Suit restored to the Appellant-Defendant.

Court's answer

By consensus, the Appellant shall deposit Rs.4,36,00,000/- in the Court, together with interest @ 8% per annum for the period from 2 February 2022 till the date of deposit, within 12 weeks.

Ratio / Principle

Subject to the deposit being made, the impugned judgment and decree dated 6 June 2022 shall stand set aside and the Appellant-Defendant shall have leave to defend the Suit by filing a written statement within four weeks from the date of making the deposit.

Key takeaways

If the deposit is not made, the decree dated 6 June 2022 shall revive.ratio¶27
If the Appellant makes the deposit, the Plaintiff may apply before the Trial Judge for withdrawal of the deposited amount.ratio¶28
All contentions of both parties on merits are expressly kept open.obiter

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (coram: Alok Aradhe, CJ. & Sandeep V. Marne, J.; 8 July 2025) — Appeals Nos. 6 and 8 of 2025 (Pradip Bastimal Chopra, orig. Defendant, v. I.N. Halkara H.U.F, orig. Plaintiff), arising from Summary Suit No.2 of 2021 and Summons for Judgment No.64 of 2021, disposed of by consent without recording reasons. Terms: Appellant to deposit Rs.4,36,00,000/- in the Court with interest @ 8% per annum from 2 February 2022 till the date of deposit within 12 weeks; subject to such deposit, the judgment and decree dated 6 June 2022 to stand set aside and leave to defend the Suit restored, with written statement to be filed within four weeks of the deposit; in default of deposit, the decree dated 6 June 2022 to revive; on deposit, the Plaintiff may apply to the Trial Judge for withdrawal of the deposited amount; all contentions on merits expressly kept open.

Megha 21 &22_app_6 & 8_2025.docx

2025:BHC-OS:10345-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO.6 OF 2025 IN SUMMARY SUIT NO.2 OF 2021

Pradip Bastimal Chopra ...Appellant (orig. Defendant)

V/s.

I.N. Halkara H.U.F ...Respondent (orig. Plaintiff)

APPEAL NO.8 OF 2025 IN

SUMMONS FOR JUDGMENT NO.64 OF 2021 IN SUMMARY SUIT NO.2 OF 2021

Pradip Bastimal Chopra ...Appellant

(orig. Defendant)

V/s.

I.N. Halkara H.U.F ...Respondent (orig. Plaintiff)

______________ Mr. Chirag Mody with Mr. S.M. Seegarla i/b M/s. RMG Law Associates for Appellant.

Mr. Farhan Dubash with Mr. Vishal Kanade, Mr. Shanay Shah & Ms. Kinjal Kakkad i/b Mr. Jayesh R. Vyas for Respondent.

Page No. 1 of 3 8 July 2025

Megha 21 &22_app_6 & 8_2025.docx

CORAM: ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. Dated: 8 JULY 2025.

P.C.:

As the hearing of the Appeals progressed, Mr. Modi, the learned counsel appearing for the Appellant, after taking instructions, makes a statement that the Appellant is willing to deposit the amount of Rs.4,36,00,000/- together with interest @ 8% per annum from 2 February 2022 upto the date of deposit within a period of 12 weeks from today. He would submit that upon the deposit so made by the Appellant, the leave to defend granted in favour of the Appellant be restored.

Mr. Dubash, the learned counsel appearing for the Respondent, after taking instructions, is agreeable to the suggested arrangement.

In view of the consensus prevailing between the parties, the appeals can be disposed of without recording reasons. We accordingly proceed to pass the following order:-

(i) The Appellant shall deposit an amount of Rs.4, 36,00,000/- in this Court together with interest @ 8% per annum for the period between 2 February 2022 till the date of making the deposit, within a period of 12 weeks from today.

Page No. 2 of 3 8 July 2025

Megha 21 &22_app_6 & 8_2025.docx

(ii) Subject to the above deposit being made, impugned judgment and decree dated 6 June 2022 shall stand set aside and the Appellant -Defendant shall have leave to defend the Suit by filing written statement, which shall be filed within a period of four weeks from the date of making the deposit.

(iii)In case the deposit is not made, the decree dated 6 June 2022 shall revive.

(iv)In case the Appellant makes the deposit, the Plaintiff shall be at liberty to make an application before the Trial Judge for withdrawal of the deposited amount.

(v) All contentions of both the parties on merits are expressly kept open.

With the above directions, both the Appeals are disposed of.

[SANDEEP V. MARNE, J.] [CHIEF JUSTICE]

Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 09/07/2025 16:50:46

Page No. 3 of 3 8 July 2025