Shree Diamond Centre Premises ... vs M/S New Dholera Shipping And Training ...
2024 Latest Caselaw 22846 Bom

Bombay High Court

Shree Diamond Centre Premises ... vs M/S New Dholera Shipping And Training ... on 6 August, 2024

                       Megha                                                                              44_cra_35_2024.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       CIVIL REVISION APPLICATION NO.35 OF 2024

                       Shree Diamond Centre Premises
                       Co-operative Society Ltd.                                      ....Applicant
                                      V/s.

                       M/s. New Dholera Shipping &
                       Training Co. Ltd. and Ors.                                    ....Respondents

                       Ms Sanskruti Yagnik for the Applicant in CRA/35/2024.
                       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) Learned counsel for the Applicant prays time on the ground of non-availability of the arguing counsel.

2) Mr. Raheja, the learned counsel appearing for Respondent No.1 complains that the Applicant has not deposited full amount of interim compensation during pendency of the appeal and even during pendency of the present appeal no deposit is made.

Digitally signed by

3) Applicant cannot enjoy interim protection without depositing MEGHA MEGHA SHREEDHAR SHREEDHAR PARAB PARAB Date:

2024.08.08 10:35:52 the interim compensation fixed by the Appellate Bench as per judgment +0530

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Megha 44_cra_35_2024.docx

of the Apex Court in M/s. Atma Ram Properties (P) Ltd. Vs. M/s.

4) It is therefore made clear that if the entire amount of interim compensation fixed by the Appellate Court till 31 August 2024 is not deposited before the next date of hearing, the interim protection granted by this Court will be vacated on the next date of hearing. By way of last chance list the application for admission under the caption 'for circulation' on 10 September 2024.

5) Interim protections shall continue to operate till the next date of hearing subject to the above condition.

[SANDEEP V. MARNE, J.]

.(2005) 1 SCC 705

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