Bombay High Court

M/s. Sanchar Constructions Proprietor, Mahadappa H. Andure thru. its Gen. POA Kiran K. NaikversusMaharashtra Industrial Development Corporation thru. its Secretary and Others

Disposal: APPLICATION ALLOWED

Holding

The Court held that the applicant is entitled to withdraw the Rs.4,96,742 deposited by the respondents.

Summary

The applicant, M/s. Sanchar Constructions, obtained a decree in a commercial suit for Rs.9,93,483 plus 12% interest. The respondents, Maharashtra Industrial Development Corporation, appealed and were directed to deposit 50% of the decree amount as a condition for a stay. They deposited Rs.4,96,742, covering only the principal and not the interest. The applicant filed a civil application seeking permission to withdraw the deposited amount. The High Court allowed the application, permitting the applicant to withdraw the Rs.4,96,742 deposited by the respondents.

Issues considered

Whether the respondents' deposit of 50% of the principal decree amount, without interest, satisfies the condition for a stay of the decree.
Whether the applicant is entitled to withdraw the amount deposited by the respondents in the court.

Subjects

commercial suit
decree
stay application
deposit
interest
civil application
withdrawal

Judgment

2026:BHC-AUG:42176-DB
                                           1                            11.CA.5477.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 5477 OF 2026
                                      IN COMAP/4/2026

                    M/S. SANCHAR CONSTRUCTIONS PROPRIETOR,
                          MAHADAPPA H. ANDURE THROUGH
                            ITS GEN. P.O.A. KIRAN K. NAIK
                                       VERSUS
                MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION
                       THROUGH ITS SECRETARY AND OTHERS

                                               ...
              Advocate for Applicant : Mr. Sunil L. Sange h/f. Mr. J.N. Singh (V.C.)
                           Advocate for Respondents : Mr. S.S. Dande
                                               ...

                                  CORAM         : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                  DATE          : 11.09.2026


             PER COURT:

                  The Commercial Suit filed by the applicant was allowed and the

             respondent/defendant was directed to pay an amount of Rs.9,93,483/-

             along with 12% interest per annum from the date of filing of suit till

             the realization of amount. The respondents have challenged the said

             decree by filing the present Commercial Appeal. At the time of

             considering stay application, this Court directed the respondents to

             deposit 50% of the decretal amount. However, the respondents have

             deposited only an amount of Rs.4,96,742/-, which is 50% amount of
                               2                            11.CA.5477.26.odt

the principle amount, however, nothing is deposited towards interest.

In that view of the matter, the Civil Application is allowed in terms of

prayer clause ‘B’ which reads as follows :

      “B. The Hon’ble Court may be pleased to permit the
      applicant to withdraw an amount of Rs.4,96,742/- deposited
      by the Non-applicants in this Hon’ble Court in the interest of
      justice.”



(ABASAHEB D. SHINDE, J.)                     (NITIN B. SURYAWANSHI, J.)




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