Laxman Devaji Burde vs Harishchandra Bagchand Wadhwa ...
2022 Latest Caselaw 8056 Bom

                                                                                                  (1)                                                  9wp2146.22

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                             WRIT PETITION NO. 2146 OF 2022
                Laxman Devaji Burde Vs. Harishchandra Bagchand Wadhwa and ors
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. A.D.Patil, Advocate for petitioner


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     19/08/2022

                                               1]                           Heard Mr. Patil, learned counsel for the
                                               petitioner.


                                               2]                           In a suit for specific performance, the
                                               learned                trial          Court             instead               of        directing                specific

performance, has directed refund of the earnest amount of Rs. 10 lakh with proportionate costs against the petitioner and so also directed payment of interest thereupon at the rate of 10 % p.a from the date of filing of the suit till its realization.

3] The suit has been filed in the year 2010. The judgment and decree dated 23.8.2017 passed by the learned trial Court has been challenged in appeal by the petitioner/original defendant in which an application under Order 41 Rule 5 of CPC has been filed for staying the effect and operation of the decree dated 23.8.2017 passed in SCS No. 1172/2010, wherein by an order dated 14.10.2021, the execution and operation of the (2) 9wp2146.22

judgment and decree of the trial Court has been stayed by directing the petitioner to deposit the amount of ₹.3,00,000 in the Court and to furnish a bank guarantee for the remaining amount of ₹,7,00,000. ₹.3,00,000 has been deposited and the petition questions the subsequent direction of furnishing a bank guarantee for the remaining amount of ₹.7,00,000.

4] I do not see any merit in the petition for the reason that the petitioner has been let off with a great leniency as the amount of interest as calculated on the earnest amount of ₹.10,00,000 from the year 2010, the date of filing of the suit, till realization, has not been taken into consideration by the learned appellate Court while passing the impugned order. For had it been so, the amount which was payable by the petitioner could have been multiple times more. I do not see any merits in the petition. The same is dismissed. No costs.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:20.08.2022 16:52