Bharat Petroleum Corporation Ltd vs Arss Bio Fuel Pvt. Ltd
2021 Latest Caselaw 13912 Bom

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               ORDINARY ORIGINAL CIVIL JURISDICTION

                                            INTERIM APPLICATION (L) NO. 21567 OF 2021

                                                                IN

                                              EXECUTION APPLICATION NO. 278 OF 2021



                        Bharat Petroleum Corporation Ltd.                ...            Applicant
                        In the matter between
                        Arss Bio Fuel Pvt. Ltd.                          ...            Decree Holder
                                     vs.
                        Bharat Petroleum Corporation Ltd.                ...            Judgment Debtor


                        Mr. Anil Singh, Addl. Solicitor General i/b. Mr. Maneesh Dixit for the
                        Applicant.
                        Mr. Vishal Pattabiraman a/w. Mr. Jayesh Mistry for the Decree Holder.


                                                                  CORAM : A. K. MENON, J.

DATED : 27th SEPTEMBER, 2021.

P.C. :

1. This is an application filed by respondent seeking lifting of attachment

after depositing the decretal amount in court. The applicant also seek recall

and setting aside the warrant of attachment. The respondent-corporation has

today agreed to pay interest upto date of deposit. It is stated by the learned

Addl. Solicitor General that the deposit will be made on 4 th October, 2021.

2. Accordingly on behalf of the applicant a fresh computation of interest Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI upto 4th October, 2021 is tendered. The applicant corporation has confirmed PILLAI Date:

2021.09.28 16:49:44 +0530

20-IAL-21567-2021-EWA-278-2021.odt rrpillai that an amount of Rs.34,05,803/- will be deposited on 4 th October, 2021. In

view of the statement I pass the following order :

(i) There will be ad-interim order in terms of prayer clause (b).

(ii) Upon deposit of the sum of Rs. 34,05,803/- on 4th October, 2021 the

order of attachment shall stand recalled and the warrant of attachment shall

stand canceled.

(iii) Upon deposit the Prothonotary and Senior Master shall forthwith

invest the same in a nationalised bank initially for a period of one year and

continue to renew the deposit till further orders.

(iv) Interim application is disposed in above terms.

(v) List on 4th October, 2021 for recording compliance.

(A. K. MENON, J.)

20-IAL-21567-2021-EWA-278-2021.odt rrpillai