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

Conditional relief by consent: upon the Appellant depositing Rs.4,36,00,000/- with interest @ 8% per annum from 2 February 2022 till the date of deposit (within 12 weeks), the impugned judgment and decree dated 6 June 2022 stands set aside and leave to defend the Suit is restored, with written statement to be filed within four weeks of the deposit; the Plaintiff may apply before the Trial Judge to withdraw the deposited amount; failing deposit, the decree dated 6 June 2022 revives; all contentions on merits expressly kept open.

Issue for consideration

Whether, on the consensus between the parties, the Appeals challenging the judgment and decree dated 6 June 2022 in Summary Suit No.2 of 2021 could be disposed of on terms that the Appellant deposits Rs.4,36,00,000/- with interest @ 8% per annum, resulting in the decree standing set aside and leave to defend being restored.

Court's answer

Subject to the Appellant depositing Rs.4,36,00,000/- in the Court together with interest @ 8% per annum from 2 February 2022 till the date of making the deposit, within 12 weeks, the impugned judgment and decree dated 6 June 2022 shall stand set aside and the Appellant-Defendant shall have leave to defend the Suit.

Ratio / Principle

The written statement (leave to defend) is to be filed within four weeks from the date of making the deposit.

Key takeaways

In case the deposit is not made, the decree dated 6 June 2022 shall revive.ratio¶27
If 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.ratio¶28
All contentions of both the parties on merits are expressly kept open.obiter

Detailed headnote1 paragraphs

Appeals (Appeal No.6 of 2025 and Appeal No.8 of 2025) by the original Defendant in Summary Suit No.2 of 2021, arising out of Summons for Judgment No.64 of 2021, against the judgment and decree dated 6 June 2022, were disposed of by consent without recording reasons. Under the consent arrangement, the Appellant-Defendant undertook to deposit Rs.4,36,00,000/- with interest @ 8% per annum from 2 February 2022 till the date of deposit, within 12 weeks. Subject to such deposit, the impugned judgment and decree dated 6 June 2022 shall stand set aside and leave to defend the Suit shall be restored, the written statement to be filed within four weeks of making the deposit; the Plaintiff may apply before the Trial Judge for withdrawal of the deposited amount. In case the deposit is not made, the decree dated 6 June 2022 shall revive. All contentions of both the parties on merits are expressly kept open.

Megha 21 &22_app_6 & 8_2025.docx

2025:BHC-OS:10344-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 16:50:17

Page No. 3 of 3 8 July 2025