Exide Industries Ltd vs Martin And Harris Pvt. Ltd
2022 Latest Caselaw 8134 Bom

                       (26)-CAC-485-18.doc.


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                   CIVIL APPLICATION NO.485 OF 2018
          2022.08.22
          17:28:01
          +0530
                                                   IN
                              CIVIL REVISION APPLICATION NO.203 OF 2007

                       Exide Industries Ltd.                           ..Applicant
                            Versus
                       Martin & Harris Pvt. Ltd.                       ..Respondent

                       Ms. Preeti Shah a/w Santosh Jadhav, for the Applicant.
                       Mr. Mayur Khandeparkar a/w Naser Ali Rizvi i/by Thakore
                       Jariwala & Associates, for the Respondent.

                                                   CORAM : NITIN W. SAMBRE, J.

DATE : 20th AUGUST, 2022

P.C.

1. This is an application for permission to withdraw the amount of compensation which is deposited by the judgment-debtor in compliance with the order of this Court dated 1st December, 2016 passed in Civil Application No.586 of 2014.

2. I have heard respective counsels, in the backdrop of law laid down by the Apex Court in the matter of Atma Ram Properties Vs. Federal Motors reported in (2005) 1 SCC 705, what is permitted is amount of compensation to be made over in fixed deposit and not release of the same in favour of the decree-holder.

BGP. 1 of 2 (26)-CAC-485-18.doc.

3. As such, it is directed that the entire amount of compensation deposited in this Court be made over in fixed deposit in any nationalized bank. As far as prayer for withdrawal is concerned, counsel for decree-holder/ applicant submits that statement shall be made on the next date as regards withdrawal of the application.

4. Stand over to 26th September, 2022.

                                    [NITIN W. SAMBRE, J.]




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