Evonik India Pvt.Ltd vs Reliable Spaces Pvt.Ltd
2021 Latest Caselaw 759 Bom

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


                    INTERIM APPLICATION (L) NO.96 2021
                                      IN
     COMMERCIAL EXECUTION APPLICATION (L) NO.6252 OF 2020


Evonik India Pvt. Ltd.                           .. Applicant/Claimant
         v/s.
Reliable Spaces Pvt. Ltd.                        .. Respondent



Mr. Shyam Kapadia a/w Ms. Jigisha Vadodaria i/b. Negandhi Shah &
Himayatuulah for the applicant/claimant.

Mr. Abhishek Salian i/b. Vidhi Partners for the respondent.



                                          CORAM : A. K. MENON, J.

DATED : 13TH JANUARY, 2021.

P.C. :

1. By this interim application, the applicant seeks permission to

withdraw a sum of Rs.3,80,00,000/- deposited by the

respondent/judgment debtor in this court towards part

satisfaction of the award passed in favour of the applicant.

2. On behalf of the respondent/ judgment debtor, the learned

counsel states, on instructions, that he has no objection to the

amount being withdrawn. He further states that the computation

20.IAL-96-21.doc wadhwa set out at page 91 is incorrect inasmuch as the total amount now

due is only Rs.3,98,00,625/- is payable. Therefore a further sum

of only Rs.18,00,625/- is due. He states that this amount will be

paid within four weeks from today. This course of action is

acceptable to the applicants.

3. Accordingly, I pass the following order;

4. Interim application is allowed in terms of prayer clause (a).

5. Prothonotary and Senior Master to permit withdrawal of the

amount deposited in this Court along with accrued interest.

6. If the amount has been placed in a Fixed Deposit, the

Prothonotary shall prematurely encash the fixed deposit and pay

over the proceeds to the applicant.

7. The balance sum of Rs.18,00,625/- shall be paid on or before 10 th

February, 2021.

8. Interim application is disposed in the above terms.

9. List for compliance on 15th February, 2021.

(A. K. MENON, J.) Digitally signed by Sandhya Sandhya Wadhwa Wadhwa Date:

2021.01.14 18:12:48 +0530

20.IAL-96-21.doc wadhwa