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Bombay High Court

STATE BANK OF INDIAversusTHE BOARD OF TRUSTEES OF THE PORT OF MUMBAI AND ORS

Decided
Disposal
Disposed Off

Holding

The decree was stayed because the amount had already been deposited by the other defendants and no further deposit was required from the appellant.

Summary

The State Bank of India, as original defendant No.3, filed a civil application seeking a stay of a decree dated 23 December 2016 that made defendants 1 to 3 jointly and severally liable to pay approximately Rs. 9 lakh with interest. In the earlier appeal, defendants 1 and 2 had already deposited the decree amount in the court, as confirmed by their counsel, Mr. Shailesh K. More. The court observed that since the full amount had been paid by the other defendants and the appellant, being a bank, was not required to make an additional deposit, there was no basis to enforce further payment. Consequently, the court stayed the impugned order as it pertained to the appellant and disposed of the civil application.

Issues considered

  • What is the appropriate relief when the decree amount has already been deposited by co-defendants?
  • Whether the appellant, as a bank, is required to make an additional deposit despite the decree being satisfied by other parties?

Subjects

  • stay of decree
  • joint and several liability
  • deposit of decree amount
  • civil application
  • High Court of Bombay

Judgment

                         HMK                               1                      08. CAF-823-2018.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                          CIVIL APPLICATION NO. 823 OF 2018
        Digitally
                                                          IN
SAYYED signed by
       SAYYED
SAEED SAEED ALI                          FIRST APPEAL (ST.) NO. 28700 OF 2017
ALI    AHMED ALI
AHMED Date:
       2026.03.10
ALI    10:25:12
        +0530
                    State Bank Of India                                  ….Applicant/Appellant

                               Versus

                    The Board Of Trustees Of The
                    Port Of Mumbai & Ors.                      .…Respondents
                    __________________________________________________________________

                    Mr. Prabhanjan Gujar a/w. Mr. Paras Pawar for the Applicant/Appellant.
                    Ms. Naina Motiwala a/w. Ms. Anjali Kotecha i/by Motiwala & Co. for
                    Respondent No.1.
                    Mr. Shailesh K. More for Respondent Nos. 2 & 3.
                    __________________________________________________________________

                                                        CORAM : JITENDRA JAIN, J.
                                                        DATED : 09th MARCH 2026

                    P. C. :

                    1.        The present application is taken out by original defendant no.3-
                    appellant, seeking stay of the impugned decree and order dated
                    23rd December, 2016, whereby, original defendant nos.1 to 3 were made
                    jointly and severally liable to make a payment of approximately Rs. 9 lakhs
                    along with interest.

                    2.        In the appeal filed by the original defendant nos.1 and 2, the amount
                    has been deposited in this Court as per Mr. More, learned counsel who
                    appears for original defendant nos.1 and 2 in the present appeal.

                    3.        Since the decretal amount has already been deposited by other
                    original defendants and further the present applicant being the State Bank
     HMK                              2                      08. CAF-823-2018.doc


of India, no further order of deposit is required to be made and the
impugned order qua the present appellant/applicant/original defendant
no.3 is stayed.

4.     In view of above, civil application is disposed of.




                                                     [ JITENDRA JAIN, J. ]


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