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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