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Bombay High Court

PRAKASH ARUN CHITTE.versusANURADHA GOVINDRAO ADIK.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the bank guarantee must be returned as there is no propriety in withholding it after the later order.

Summary

The applicant had a decree for payment of Rs.1 crore in a special civil suit and was initially directed by the District Court to furnish a bank guarantee of Rs.10 lakhs to obtain a stay of execution. The applicant appealed to the High Court, which on 10 December 2024 ordered a stay conditioned on furnishing a higher surety of Rs.25 lakhs, which the applicant complied with. Consequently, the applicant filed a civil application seeking the return of the original bank guarantee filed under the earlier order. The High Court observed that, in view of the subsequent order requiring a larger surety, there was no justification for retaining the earlier bank guarantee. The court therefore allowed the application and ordered the return of the Rs.10 lakhs bank guarantee to the applicant.

Issues considered

  • Whether the bank guarantee furnished under the earlier stay order should be retained after a later order requiring a higher surety was issued.

Subjects

  • stay of execution
  • bank guarantee
  • surety
  • civil application
  • high court

Judgment

2026:BHC-AUG:38176


                                                     1                       926-ca-7953-2026.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD
                              CIVIL APPLICATION NO. 7953 OF 2026
                                        IN FA/1074/2024

                                       Prakash Arun Chitte.
                                             VERSUS
                                    Anuradha Govindrao Adik.
                                                 ...
                       Advocate for Applicant : Mr. Chapalgaonkar Shailesh S
                          Advocate for Respondent : Mr. Rahul R. Karpe
                                                 ...
                                             CORAM : ROHIT W. JOSHI, J.
                                             DATED : AUGUST 21, 2026
              P.C.:

              1.          Present applicant has suffered the decree for payment of

              Rs.1 Crore in Special Civil Suit No.20 of 2021. Initially, the appeal was

              filed before learned District Court.       Vide order dated 03.07.2023,

              learned District Judge-1, Shrirampur had granted stay to execution of

              decree on the condition of furnishing bank guarantee to the extent of

              10% of said amount i.e. Rs.10,00,000/-.         Thereafter, the appeal is

              preferred before this Court realizing that the same will not lie before

              learned District Court.

              2.          Vide order dated 10.12.2024, this Court has granted stay

              to execution of decree on the condition that solvent surety/security to

              the extent of Rs.25,00,000/- is furnished by the appellant/applicant.

              The appellant/applicant has furnished solvent surety/security to the

              extent of Rs.25,00,000/- as directed vide order dated 10.12.2024. In

              view of the aforesaid, present civil application is filed for returning
                                                  2                       926-ca-7953-2026.odt


             original bank guarantee.

             3.          In view of subsequent order dated 10.12.2024, there is no

             propriety in withholding the bank guarantee furnished by the

             appellant/applicant, which is furnished pursuant to the order dated

             22.03.2024 passed by learned District Judge.

             4.          In view of the above, civil application is allowed. The bank

             guarantee of Rs.10,00,000/- furnished by the appellant/applicant be

             returned to him.



                                                        [ROHIT W. JOSHI J.]




Mujaheed//


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