Elite Housing Developers Llp ... vs Ankit R Bhalaria And Anr
2021 Latest Caselaw 15697 Bom

Osk                                                           11-Sa-358-2021.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                        CIVIL APPELLATE JURISDICTION

                     SECOND APPEAL NO. 358 OF 2021
                                 WITH
                  INTERIM APPLICATION NO. 3178 OF 2021

Elite Housing Developers LLP Mumbai               ... Appellant
       V/s.
Ankit R Bhalaria & Anr.                           ... Respondents


Mr.Sumanth Anchan for Appellant.


                                      CORAM : A.S. GADKARI, J.

DATE : 29th October 2021.

P.C. :

1. Appellant has impugned Judgment and Order dated 26 th July

2021 in Appeal No. AT006000000031812 in Complaint No.

CC006000000057803 passed by the Maharashtra Real Estate Appellate

Tribunal, Mumbai.

2. The impugned Judgment and Order is a money decree directing

the Appellant to pay interest on the amount paid by the Respondents from 1 st

September 2018 to 20th March 2019 at State Bank India's higher marginal cost

plus 2% lending charges. It being a money decree, which is under challenge, it

is necessary for the Appellant to first deposit the entire decreetal amount in

the Registry of this Court without prejudice to its rights and contentions to be

Osk 11-Sa-358-2021.odt

raised in the present Appeal.

3. Appellant is directed to deposit the said decreetal amount as of

31st October 2021 in the Registry of this Court on or before 30 th November

2021.

Till the next date, ad-interim relief in terms of prayer Clause (B)

of Interim Application No.3178 of 2021.

4. Stand over to 30th November 2021.

                                                                          [A.S. GADKARI, J.]




           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2021.10.29
           17:15:04 +0530