M/S. Electro Meter And Control ... vs Kapol Co-Operative Bank Ltd
2023 Latest Caselaw 1110 Bom

                                                        27 CRA 35.2021.doc


Dusane

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE JURISDICTION

        CIVIL REVISION APPLICATION NO.35 OF 2021


M/s Electro Meter & Control Gear           ...Applicant
Industries

        V/s.
Kapol Co-operative Bank Ltd.               ...Respondent


Mr. P.J. Thorat a/w Ms. Aditi Naikare for Applicant.
Mr. S.M. Vyas for Respondent.
Mr. Shyam Rajwaney, Partner of Applicant-Firm
present in person.

                         CORAM: MADHAV J. JAMDAR, J.

DATE: 2nd FEBRUARY, 2023

P.C.:

1. Heard Mr. Thorat, learned Counsel appearing for the

Applicant and Mr. Vyas, learned Counsel appearing for the

Respondent.

2. As arguable questions are raised, Rule.

3. Ad-interim relief in terms of prayer clause (c).

4. The learned Appellate Court of the Small Causes Court,

Mumbai by order dated 24th February 2012 passed below Exhibit

8 in Appeal No. 410 of 2010 in R.A.E. Suit No. 329/567 of 2005

27 CRA 35.2021.doc

directed the present Applicant to deposit interim compensation

at the rate of Rs.25,000/- per month from the date of decree till

final disposal of the appeal. The decree of the learned Trial

Court is dated 5th August 2010. The learned Appellate Court

dismissed the appeal filed by the Applicant by judgment and

decree dated 13th January 2020. Learned Counsel appearing for

the Respondent states that said order dated 24th February 2012

of the learned Appellate Court is not complied by the Applicant.

5. Mr. Thorat, learned Counsel appearing for the Applicant

after taking instructions from Mr. Shyam Rajwaney, partner of

Applicant-Firm who is personally present in Court states that

within a period of one week, an amount of Rs.5,00,000/- will be

deposited before the Small Causes Court, Mumbai and the

balance amount will be deposited on or before 30th April 2023.

6. The Respondent is at liberty to file application seeking

enhancement of compensation of Rs.25,000/- fixed during

pendency of appeal by order dated 24th February 2012. Till

further orders of this Court, the Applicant to deposit in the Small

Causes Court, Mumbai an amount of Rs.25,000/- per month on

or before 10th of each month.

7. It is made clear that in case of single default in paying the

monthly compensation as directed by this Court or in making

payment of arrears within time as per schedule fixed

27 CRA 35.2021.doc

hereinabove, ad-interim order granted by this Court will be

vacated without further reference to the Court.

8. The Respondent is at liberty to withdraw the amount as

permitted by the Appellate Court by said order dated 24th

February 2012.

(MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2023.02.04 13:00:13 +0530