Lokhandwala Infrastructure Pvt. Ltd. ... vs The Municipal Corporation Of Greater ...
2026 Latest Caselaw 213 Bom

Bombay High Court

Lokhandwala Infrastructure Pvt. Ltd. ... vs The Municipal Corporation Of Greater ... on 9 January, 2026

                                                                                       26-FA-1340-19.doc


                                                                                                       rsk
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                  FIRST APPEAL NO.1340 OF 2019
                                                               WITH
                                                CIVIL APPLICATION NO.2702 OF 2019

                         Lokhandwala Infrastructure
                         Pvt. Ltd. (Previously Known As
                         M/S. Lokhandwala Builders                    ... Appellant
                                Versus
                         The Municipal Corporation Of
                         Greater Mumbai                               ...Respondent
                               _____________________________________________________
                         Mr. Naseem Patrawala for the Appellant.
                         Mr. Pradeep M. Patil for the Respondent.
                               _____________________________________________________

                                                            CORAM :     JITENDRA JAIN, J.

                                                            DATED :     9 JANUARY 2026

                         P. C.:

                         FIRST APPEAL NO.1340 OF 2019

1. Admit. Mr. waives service for the respondent.

2. Paper book to be filed within 8 weeks from today. If the paper

book is not filed within eight weeks, the appeal shall stand dismissed Digitally signed by RAJESHWARI RAJESHWARI SUBODH without recourse to the Court.

SUBODH     KARVE
KARVE      Date:
           2026.01.09
           16:45:06
           +0530
                         3.       R & P be called.

4. List this matter in regular course.

CIVIL APPLICATION NO.2702 OF 2019

5. This application is filed by the appellant seeking stay of the

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26-FA-1340-19.doc

judgment and order dated 11 February 2019 whereby the appellants

were directed to pay an amount of Rs.26.78 Lakhs along with interest

on 12 % from the year 2007 till realization.

6. The above amount along with interest at 12% up to February

2019 works out at approximately Rs.65 Lakhs. This figure does not

include interest from 2019 till today when the matter was pending

admission before this Court.

7. I have heard learned counsel for the appellant and the

respondent.

8. This being a money decree, the impugned order dated 11

February 2019 is stayed subject to the appellant depositing Rs.50 Lakhs

in this Court within a period of 8 weeks from today. If said amount is

deposited in this Court then the Registry to invest the same in Fixed

Deposit of Nationalized Bank. Said fixed deposit will be renewed till

final disposal of the appeal.

9. If Rs.50 Lakhs is not deposited within eight weeks from today,

then the stay will be vacated and the respondent will be free to take

appropriate measures in accordance with law for recovery of the

amount due under the judgment and decree dated 11 February 2019.

10. Civil Application is disposed of in the above terms.

[ JITENDRA JAIN, J. ]

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