Martin And Harris Pvt. Ltd vs Exide Industries Ltd
2022 Latest Caselaw 8135 Bom

                       (26)-IA-3333-19.doc.


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                 INTERIM APPLICATION NO.3333 OF 2019
          2022.08.22
          17:28:01
          +0530
                                                  IN
                              CIVIL REVISION APPLICATION NO.203 OF 2007

                       Martin & Harris Pvt. Ltd.                    ..Applicant

                       IN THE MATTER BETWEEN

                       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 grant of enhanced compensation/mesne profit at the rate of Rs.6,56.851.42 based on the present market value/appreciation of the suit property which is in possession of the judgment-debtor.

2. Mr. Mayur Khandeparkar has invited attention of this Court to the observations in the matter of State of Maharashtra and Anr. Vs. Super Max International Private Limited & Ors. reported in (2009) 9 SCC 772, so also in the matter of Atma Ram Properties Vs.

BGP. 1 of 2 (26)-IA-3333-19.doc.

Federal Motors (P) Ltd. reported in (2005) 1 SCC 705.

3. According to him, this Court has already stayed the judgment and decree and that being so, the compensation cannot be ordered to be paid.

4. Counsel for the applicant/decree-holder seeks time to study the matter.

5. Accordingly, adjourned to 26th September, 2022.

                                      [NITIN W. SAMBRE, J.]




BGP.                                                              2 of 2