Red Apple Chandrarat Travel ... vs Thomas Cook (India) Ltd
2022 Latest Caselaw 2311 Bom

                                                                              1.ia.489.21..doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          ORDINARY ORIGINAL CIVIL JURISDICTION
         Digitally signed by
ANJALI   ANJALI TUSHAR


                                            INTERIM APPLICATION NO. 489 OF 2021
TUSHAR   ASWALE
         Date: 2022.03.09
ASWALE   14:11:48 +0530




                                                                IN
                                         EXECUTION APPLICATION (L)NO. 8094 OF 2020


                               Red Apple Chandrarat Travel Co Ltd        ..Applicant
                                      Vs.
                               Thomas Cook (India) Ltd                   ..Respondent

                               Mr.Sankalp Anantwar i/b SMA Law Partners, for the Applicant.
                               Mr.Cyrus Bharucha a/w Mr. Rushil Mathur i/b Kochhar & Co, for the
                               Respondent.
                                                             CORAM:- B. P. COLABAWALLA,J.

DATE :- MARCH 8, 2022.

P. C.:

In the above matter a detailed order was passed on 14 th

February, 2022. In the said order, a statement was recorded on behalf

of the Judgment Debtor that the entire amount due under the Award

dated 31st January, 2020 read with its amendment dated 19 th June, 2020

would be secured by furnishing a bank guarantee of ICICI Bank. The

amount to be secured was Rs. 2,91,84,139/-. The aforesaid statement

was made without prejudice to the rights and contentions of the

Judgment Debtor either on the maintainability of the present Execution

Application or in the Section 34 proceedings filed by the Judgment

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1.ia.489.21..doc

Debtor challenging the aforesaid Award. The aforesaid statement was

recorded on behalf of the Judgment Debtor and the matter was

adjourned to today for compliance.

2 Today when the matter is called out, it has been pointed

out to me that pursuant to the order dated 14 th February, 2022 read with

the order dated 25th February, 2022, the Judgment Debtor has

furnished a bank guarantee issued by Kotak Mahindra Bank Ltd in

favour of the Prothonotary and Senor Master in the sum of Rs.

2,91,84,139/-. The said bank guarantee has also been accepted by the

Prothonotary and Senior Master of this Court.

3 In view of the fact that the order passed by this Court on

14th February, 2022 read with the order passed on 25 th February, 2022

have been complied with, nothing further survives in the Interim

Application and the same is disposed of accordingly.

4 This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                        ( B. P. COLABAWALLA, J. )


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