Shree Sidhambika Pharama Pvt. Ltd vs Unicure (India) Pvt. Ltd. Thr. Its ...
2021 Latest Caselaw 11561 Bom

                                                                        12 IA-1629-21.doc

BDP-SPS-TAC



 BHARAT
 DASHARATH
 PANDIT
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Digitally signed
 by BHARAT
 DASHARATH
                                       CIVIL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO.1629 OF 2021
 PANDIT
 Date: 2021.08.26
 11:01:50 +0530




                                                    IN
                                    INTERIM APPLICATION NO.396 OF 2021
                                                    IN
                                    INTERIM APPLICATION NO.397 OF 2021
                                                    IN
                                        FIRST APPEAL NO.70 OF 2021

                    Shree Sidhambika Pharma Pvt. Ltd.          ....Applicant.
                                                         (Org. Respondent /Decree
                                                          holder)

                    In the matter of

                    Unicure (India) Pvt. Ltd.                  .....Applicant.
                                                         (Org. Appellant/ Judgment
                                                          Debtor)
                           V/s
                    Shree Sidhambika Pharma Pvt. Ltd.          ..... Respondent.
                                                         (Org. Respondent / Decree
                                                          holder)

                    Mr. Madhur Rai i/b PRS Legal for original Applicant.
                    Mr. A.V. Anturkar, Sr. Advocate a/w Tanaji Mhatude a/w Mr. Ajay S.
                    Jajodia for Respondent/Applicant in Interim Application.


                                       CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 23, 2021 P.C.:-

                    1]       Heard.




                                                           12 IA-1629-21.doc




2]    Mr. Anturkar, learned Senior Counsel appears for decree

holder/respondent.



3]    Appeal is directed against the decree passed in suit for recovery of

money due and payable to the Respondent. In compliance of the order

of this Court, judgment debtor has deposited an amount of Rs

51,46,940/- which according to Mr. Anturkar is short by an amount of

Rs 68,376/-.

4] Counsel for the judgment debtor submits that he shall file reply to

the application moved by the decree holder for recalling the

order/withdrawal of the amount.

5] In the wake of above, application is adjourned to 27 th September,

2021 with liberty to judgment debtor to file his reply.

6] Prayer for withdrawal of the amount is objected by judgment

debtor on the ground that he has fair chances of succeeding in appeal.

12 IA-1629-21.doc

7] In the aforesaid backdrop, considering the fact that Court below

has already once adjudicated the rival claims and passed a decree for

recovery of amount, Applicant is permitted to withdraw the amount to

the extent of 60% of the amount deposited in this Court upon

furnishing an undertaking that in case appeal is allowed, amount

withdrawn shall be redeposited in this Court within a period of 12 weeks

from the date of such order with 6% interest p.a.

( NITIN W. SAMBRE, J. )