Bombay High Court
M/S Rachana Developers And Ors vs Western Agri Food Park Private ... on 16 September, 2022
Bench: G.S. Patel, Gauri Godse
901-6-ASIA-10525-2022-COMFAL-15194-2022++.DOC
Digitally signed by
VARSHA VIJAY VARSHA VIJAY RAJGURU
RAJGURU Date: 2022.09.19
15:10:47 +0530
Varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 10525 OF 2022
WITH
INTERIM APPLICATION NO. 10526 OF 2022
IN
COMMERCIAL FIRST APPEAL (L) NO. 15194 OF 2022
IN
SPECIAL CIVIL SUIT NO. 54 OF 2017
Western Agri Food Park Pvt Ltd & Ors ...Applicants
Versus
Rachana Developers & Ors ...Respondents
WITH
INTERIM APPLICATION NO. 10030 OF 2022
IN
COMMERCIAL FIRST APPEAL (L) NO. 13118 OF 2022
IN
SPECIAL CIVIL SUIT NO. 54 OF 2017
Rachana Developers & Ors ...Applicants
Versus
Western Agri Food Park Pvt Ltd & Ors ...Respondents
Mr Vishwajit Sawant, with Manisha Mane Bhongale, with Bijal Vora,
i/b Parinam Law Associates, for the Applicant in IA 10525/2022
& IA/10526/2022 & for Respondent in IA 10030/2022.
Page 1 of 6
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901-6-ASIA-10525-2022-COMFAL-15194-2022++.DOC
Mr GS Godbole, i/b Shon D Gagil & Kaustubh Thipsay, for the
Appellant in both IA 10526/2022 & IA 10030/2022.
CORAM G.S. Patel &
Gauri Godse, JJ.
DATED: 16th September 2022
PC:-
INTERIM APPLICATION NO. 10525 OF 2022
1. The Interim Application seeks that the delay of 17 days be
condoned. For the reasons set out in the Interim Application the
delay is condoned.
2. Interim Application is disposed of.
INTERIM APPLICATION NO. 10526 OF 2022
3. The Interim Application seeks a stay on the execution of the
Judgment and Decree dated 10th March 2022. The First Appeal
was in a money suit. The Plaintiffs were Rachana Developers and
others. They have filed their own First Appeal (L) No. 13118 of
2022. The defendants were Western Agri Food Park Pvt Ltd and
others.
4. The decree in the Rachana Developers suit was in the amount
of Rs. 10 Crores with interest at the rate of 12% per annum from
23rd May 2013 until realization. The decree also dismissed Rachana
Developers' claim for a charge over certain lands shown in the
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901-6-ASIA-10525-2022-COMFAL-15194-2022++.DOC
schedule annexed to the plaint as security for the repayment of the
decretal amount.
5. It seems that in interlocutory proceedings the original
defendants, Western Agri Food Park, were required to give an
unconditional bank guarantee in the amount of Rs. 15 Crores. This
has been furnished to the satisfaction of the Trial Court.
6. With interest computed up to 30th September, the decretal
amount is slightly more than Rs. 21 Crores.
7. Mr Sawant has instructions obtained in the Court to say that
the judgment debtor/original defendant will deposit such amount
over and above the Rs. 15 crores secured by the bank guarantee as is
sufficient to meet the entire decretal claim with interest up to the
date of deposit. That deposit is to be made within four weeks from
today.
8. He makes a further statement on instructions that until that
deposit is made, the land in question referred to in paragraph 3 of
the impugned order at internal page 67 will not be transacted and no
third party rights or alienation will be created in respect thereof nor
will possession be parted with. The statement is noted and accepted.
9. He makes a further statement that within period of four weeks
thereafter, the Judgment debtor will deposit an amount of Rs. 15
Crores with the executing court and against such a deposit the
judgment debtor may be allowed to withdraw the bank guarantee. As
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far as the second aspect is concerned, we leave it to the judgment
debtor to decide whether to continue the bank guarantee or to
substitute it with a cash deposit in the amount of the bank
guarantee. We are not ordering this, but we are making it clear that
the security that is to be provided, one way or the other, is of the full
decretal amount with interest as awarded.
10. That said, we cannot leave this option to the judgment debtor
open ended. The judgment debtor will have an additional four weeks
after the first deposit is made to deposit the amount of Rs. 15 crores
and against this to withdraw the bank guarantee. If not done in that
time, the bank guarantee will continue and will have to be renewed
periodically as required.
11. Execution of the decree is presently stayed for a period of four
weeks. If the defendant-judgment debtor fails to make the deposit of
the additional amount within period of four weeks, execution may
proceed.
12. Liberty to the judgment creditor, Rachana Developers, to file
a further Interim Application seeking a withdrawal of the full or part
of the amount deposited or secured.
13. Interim Application No. 10526 of 2022 by Western Agri Food
Products is disposed of in these terms.
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901-6-ASIA-10525-2022-COMFAL-15194-2022++.DOC
INTERIM APPLICATION NO. 10030 OF 2022 IN
COMMERCIAL FIRST APPEAL (L) NO. 13118 OF 2022
14. Rachana Developers has filed Interim Application No. 10030
of 2022 for an order restraining the judgment debtor from
withdrawing the bank guarantee. It also seeks an injunction in
respect of the land in question. In view of the order that we have
made today, that Interim Application by Rachana Developers is
infructuous and is disposed of accordingly.
COMMERCIAL FIRST APPEAL (L) NO. 15194 OF 2022 AND
COMMERCIAL FIRST APPEAL (L) NO. 13118 OF 2022
15. Both First Appeals, admit.
16. As regards the Record and Proceedings of the lower court in
each admitted First Appeal, while these are formally called for, we
request the Registry to ask the lower court's registry to transmit
electronically a soft copy in in PDF format.
17. The entire record should be serially paginated so that the
PDF page numbers correspond to the physical page numbers (which
means that every page, including index pages and cover sheets will
bear running page numbers).
18. Mr YA Goswami, CPC of this Court, is requested to
coordinate. A copy of this order is to be sent to him. The Roznama
of the lower Court needs to be separately digitized and compiled. All
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previous orders of this Court in the First Appeals are also to be
separately digitized and compiled.
19. All Advocates are entitled to a soft copy of the R & P, if they
so wish.
20. As regards hard or soft copies for the Bench, the necessary
instructions will be issued at a later date.
(Gauri Godse, J) (G. S. Patel, J)
16th September 2022
