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 order was made absolute pending appeal, and the appellants were directed to furnish a bank guarantee for the balance 50% within four weeks.
Summary
The appellants, Fashion Exim (India) Pvt. Ltd. and others, had obtained an interim order on 16 February 2015 staying the impugned order on condition that they deposit 50% of the claimed amount. They subsequently deposited the required 50%, prompting the court to convert the interim order into an absolute order pending the final disposal of the first appeal. The court further directed the appellants to furnish a bank guarantee for the remaining 50% of the amount within four weeks, with the guarantee to remain in force until the appeal is decided. The applicants complied with the deposit requirement, and the court ordered that the bank guarantee be provided as security for the balance. Consequently, both Civil Applications No. 637 and 1260 of 2015 were disposed of.
Issues considered
- Whether the interim order can be made absolute upon the appellant's deposit of 50% of the amount?
- Whether the appellant is required to furnish a bank guarantee for the remaining 50% of the amount?
Subjects
- interim relief
- deposit
- bank guarantee
- civil procedure
- appellate jurisdiction
- order modification
Judgment
2026:BHC-AS:14029
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 11:14:08 1 of 1
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