M/S.Mazda Theateres Pvt.Ltd. and Ors. v. Sushila Suresh Babu and Ors.
Case brief
What is this about?
Bombay High Court; Madhav J. Jamdar, J.; Interim Application No.103 of 2025 in Writ Petition No.3752 of 2006; Sushila Suresh Babu v. Mazda Theatres Pvt. Ltd. & Ors.; dismissal of writ petition for non-prosecution/default; vacation of interim relief; landlord-tenant dispute; withdrawal of amounts deposited by Petitioner-Tenant pursuant to interim order (July-2015 to July-2022) with accrued interest; conditional withdrawal; undertaking by all Directors of Respondent No.1-Company; redeposit with interest if petition restored or Executing Court order; withdrawal subject to further orders of High Court or Executing Court; no order as to costs; order corrected 30th January 2025.
What did the court decide?
Withdrawal permitted in terms of prayer clause (b): the Applicant in I.A. No.103 of 2025/original Respondent No.1 (Landlord) may withdraw the amount deposited by the Petitioner-Tenant along with accrued interest, subject to all Directors of the Company filing an undertaking in this Court within 15 days to redeposit the amount with interest in this Court or before the Executing Court if the Writ Petition is restored or the learned Executing Court passes any further order; withdrawal subject to further orders of this Court or the Executing Court; no order as to costs.