Upl Limited vs Standard Chartered Bank And Anr
2022 Latest Caselaw 12718 Bom

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:                                             1/2                    15-COMAP-137-2022.doc
GAEKWAD 2022.12.08
        17:06:55
        +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                       IN ITS COMMERCIAL DIVISION
                                     COMMERCIAL APPEAL NO.137 OF 2022
                                                   IN
                                      COMMERCIAL SUIT NO.12 OF 1999
            UPL Limited                                         .....Appellant
                     Vs.
            Standard Chartered Bank & Anr.      .....Respondents
                                               ----
            Mr. Rafiq Dada, Senior Advocate a/w. Mr. Sandeep Parikh, Mr. Prakash Shah
            and Mr. Durgaprasad Poojari i/b. PDS Legal for appellant.
            Mr. Prathamesh Kamat a/w. Ms. Neha Naik and Ms. Madhavi Doshi i/b.
            Phoenix Legal for respondents.
                                               ----
                                                CORAM : K. R. SHRIRAM &
                                                           KAMAL KHATA, JJ.
                                                DATED : 7th DECEMBER 2022

            P.C. :

            1                  Appellant has impugned an order and judgment pronounced

            on 8th June 2021 on various grounds. The operative part of the impugned

            judgment, i.e., paragraph 78 reads as under :

                            78. The upshot of the aforesaid consideration and findings on
                            issue nos.1 to 9 is that the suit deserves to be partly decreed.
                            Hence, the following order :
                                                      ORDER

(i) The suit stands partly decreed with proportionate costs to be paid by the defendants to the plaintiff.

(ii) The defendants to pay to the plaintiff the "Balance Amount" as computed in paragraph no.76 of this judgment along with simple interest at the rate of 8% p.a. from 2nd February, 2005 till realisation.

(iii) Decree be drawn up and sealed expeditiously.

            Gauri Gaekwad
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2               Mr. Dada submitted that it is not clear what the Court meant by

"......... proportionate costs to be paid .......". Therefore, we suggested to

the counsels that the parties can approach the learned single Judge to issue

a clarification on this. Both counsels, on instructions, stated that the Court

can pass an order directing the parties to approach the learned single Judge

for clarification on "......... proportionate costs to be paid .......".

3 The learned single Judge is requested to clarify what the Court

intended when it ordered defendants to pay to plaintiff proportionate costs.

4 Mr. Dada states that within one week from today appellant will

make an application to the Court and Mr. Kamat states respondents will

also co-operate.

5 All rights and contentions of the parties are kept open to be

decided in the appeal including challenging the clarification to be issued, if

any of the party is aggrieved. Since the appeal is kept pending for

admission, the learned single Judge is requested to clarify at the earliest.

6 Appeal to be listed for directions on 11th January 2023.

(KAMAL KHATA, J.)                                       (K. R. SHRIRAM, J.)




Gauri Gaekwad