Riyaj Mubarak Jamadar And Ors vs Husaain Balechand Maner
2022 Latest Caselaw 11574 Bom

                                                          28. wp 12997.22.doc


Dusane

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO.12997 OF 2022

Mr. Riyaj Mubarak Jamadar & Ors.             ...Petitioners
        V/s.
Mr. Hussain Balechand Maner                  ...Respondent


Mr. Nitin B. Patil for Petitioners

                             CORAM: MADHAV J. JAMDAR, J.

DATE: 14th NOVEMBER, 2022

P.C.:

1. Heard learned Advocate Mr. Nitin Patil appearing for

Petitioners. He submits that there are triable issues involved and

therefore he is entitled for unconditional leave. He relied on

judgment of the Supreme Court reported in ( 2017) 1 SCC 568 in

the matter between IDBI Trusteeship Services Limited Vs.

Hubtown Limited. He submits that his case falls under Paragraph

17.2 of the said judgment.

2. He further states that without prejudice to the rights and

contentions of Petitioners, they are ready and willing to give

Bank Guarantee for 50% of the amount as directed by the

learned Civil Judge, Senior Division, Ichalkaranji, District

Kolhapur.

28. wp 12997.22.doc

3. On the aforesaid submission, issue notice before admission

to the Respondent returnable on 16th January 2023.

4. Petitioner to submit Bank Guarantee for an amount of

Rs.8,50,000/- within 30 days from today. Such Bank Guarantee

is to be furnished in the Court of Civil Judge, Senior Division,

Ichalkaranji, District Kolhapur. If such Bank Guarantee is

furnished within the aforesaid period, ad-interim relief in terms

of prayer clause (C).

BHALCHANDRA
GOPAL
DUSANE                                                    (MADHAV J. JAMDAR, J.)
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2022.11.14
18:08:25 +0530