Bombay High Court
FASHION EXIM (INDIA) PVT. LTD. AND ANR.versusREGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN., AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The interim stay order is made absolute subject to the deposit of 50% and the furnishing of a bank guarantee for the remaining 50% within the stipulated time.
Summary
The appellants, Fashion Exim (India) Pvt. Ltd. and another, had obtained an interim stay of the impugned order in Civil Application No. 637 of 2015 on the condition of depositing 50% of the assessed amount. They subsequently deposited the required 50%, prompting the court to convert the interim stay into an absolute stay pending the disposal of the first appeal. The court further directed the appellants to furnish a bank guarantee for the remaining 50% within four weeks, with the guarantee to remain in force until the appeal is decided. No further objections were raised, and the court ordered the disposal of both Civil Applications No. 637 and 1260 of 2015. Consequently, the applications were closed, leaving the substantive dispute to be resolved in the pending appeal.
Issues considered
- Whether the interim stay order can be made absolute upon the appellants' deposit of 50% of the amount
- Whether the appellants must provide a bank guarantee for the balance 50% and the terms thereof
Subjects
- interim relief
- stay order
- bank guarantee
- civil appeal
- deposit requirement
- High Court of Bombay
Judgment
2026:BHC-AS:14030
Sayyed 17-(i)CAF.637-1260.2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.637 OF 2015
WITH
CIVIL APPLICATION NO.1260 OF 2015
IN
FIRST APPEAL NO.194 OF 2015
Fashion Exim (India) Pvt. Ltd. & Anr. ...Applicants/Appellants
Versus
Regional Director, Employees State
Insurance Corporation & Ors. ...Respondents
_____________________________________________________
Ms. Aakansha Saxena i/by Mr. Sanjay Gawde for the Applicants
/Appellants.
Mr. Anand Kulkarni for Respondent Nos.1 & 2.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 24 MARCH 2026
P.C.:
1. In Civil Application No.637 of 2015, on 16 February 2015
ad-interim reliefs were granted by staying the impugned order subject
to the appellants making deposit 50% of the amount.
2. Ms. Saxena, learned counsel for the applicants-appellants
states that they have deposited 50%. Therefore, the ad-interim order
granted on 16 February 2015 is made absolute till the disposal of the
first appeal. For the balance 50%, the applicants-appellants to furnish
bank guarantee to the Corporation within four weeks from today and
the said bank guarantee to be kept alive till the disposal of the appeal.
3. In view of above, Civil Application Nos.637 and 1260 of 2015
are disposed of.
[ JITENDRA JAIN, J. ]
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 25/03/2026 11:14:52 1 of 1
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