Ratnakar Dattatraya Khambe And Ors vs New Dholera Shipping And Trading ...
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Bombay High Court

Ratnakar Dattatraya Khambe And Ors vs New Dholera Shipping And Trading ... on 6 August, 2024

                       Megha                                                                            44_wp_2721_2024.docx


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                              CIVIL WRIT PETITION NO.2721 OF 2024

                       Ratnakar Dattatraya Khambe and
                       Ors.                                                          ....Petitioners
                                       V/s.

                       M/s. New Dholera Shipping and
                       Trading Company Ltd. and Ors.                                 ....Respondents

                       Mr. Jaydeep Deo i/b. M/s. A.S. Kalekar for Petitioners.
                       Mr. Piyush Raheja with Mr. Sharad Bansal with Mr. Ankur Kalal, Mr.
                       Sahil Gandhi, Ms Dimple Vora i/b. M/s. Markand Gandhi and Co. for the
                       Respondents.
                       _________________________________________________
                                                                 CORAM : SANDEEP V. MARNE, J.

DATED : 6 August 2024.

P.C.:

1) This Petition is filed by Petitioners who presented obstruction to the execution of the decree and the applications filed by them to obstruct decree have been rejected and the said rejection is confirmed by the Appellate Bench.

2) Considering the law expounded by the Apex Court in Marshall Sons & Co.(I) Ltd. vs. Sahi Oretrans (P) Ltd. and Another 1 Petitioners will have to deposit amount of mesne profits for delay in execution of the

MEGHA Digitally signed by MEGHA SHREEDHAR decree. This Court has protected Petitioners by order dated 26 February SHREEDHAR PARAB PARAB Date:

2024.08.08 10:35:52 +0530 2024. Such protection cannot be unconditional and as per the judgment

(1999) 2 SCC 325

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Megha 44_wp_2721_2024.docx

of the Apex Court in Marshall (supra) Petitioner will have to deposit amount of interim mesne profits.

3) In that view of the matter, the interim protection granted by this Court by order dated 26 February 2024 is continued subject to the condition of Petitioners depositing the amount of Rs.13,000/- per month per Gala towards interim mesne profits at the moment from February 2024 in the Court of Small Causes within a period of three weeks from today.

4) List the Petition for further consideration on 10 September 2024.

[SANDEEP V. MARNE, J.]

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