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Bombay High Court

KHUSHBU IMPEX THROUGH ITS SOLE PROP. MR. BHUPESH SEVANTILAL SHAHversusLYKA LABS LTD.

Decided
Disposal
Disposed Off

Holding

The Court held that the bank guarantee must provide for interest at 6% per annum on renewal until the disposal of the Commercial First Appeal.

Summary

Khushbu Impex, the original plaintiff, had deposited Rs.61,25,697.50 with the Bombay High Court to obtain a stay of the trial court decree. The appellants, Lyka Labs Ltd., sought the return of this amount, conditioned on the applicant furnishing a bank guarantee from a scheduled nationalised bank. The parties agreed that the sole point of contention was whether the guarantee should accrue interest. The Court held that, consistent with its prior practice, any bank guarantee issued for such withdrawal must provide for interest at 6% per annum on renewal until the appeal is disposed. Accordingly, the Court allowed the applicant to withdraw the deposited sum upon furnishing the guarantee with the stipulated interest clause, and disposed of the interim application without costs.

Issues considered

  • Whether the bank guarantee furnished by the applicant for withdrawal of the deposited amount must carry interest at 6% per annum.

Subjects

  • bank guarantee
  • stay of decree
  • commercial first appeal
  • interest rate
  • interim application
  • withdrawal of deposit

Judgment

                                                                                                   912. IA 3060.2026.doc
                                                                                              Khushbu Impex vs. Lyka Labs



            Digitally signed
JYOTI   by JYOTI
        PRAKASH
PRAKASH PAWAR
PAWAR   Date: 2026.07.10
        19:30:48 +0530
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 3060 OF 2026
                                                          IN
                                        COMMERCIAL FIRST APPEAL NO. 18 OF 2025

                      Khushbu Impex through its
                      Sole Proprietor Mr. Bhupesh Shah                                … Applicant/Respondent/
                                                                                      Orig. Plaintiff
                      IN THE MATTER BETWEEN
                      Lyka Labs Ltd. and Ors.                                         … Appellants/
                                                                                      Orig. Defendants
                               V/s.
                      Khushbu Impex through its
                      Sole Proprietor Mr. Bhupesh Shah                                … Respondent/
                                                                                      Orig. Plaintiff
                                         _______________________________________

                      Mr. Sahil Mahajan for the Appellants
                      Mr. Chetan Kapadia, Senior Advocate a/w. Ms. Vidisha Rohira, Ms. Sabeena
                      Mahadik and Mr. Mangesh Avhale for the Respondent
                                      _______________________________________

                                                          CORAM : R. I. CHAGLA AND
                                                                  FARHAN P. DUBASH, JJ.
                                                          DATE           : 10th JULY 2026

                      P.C. :

                      1.       By this Interim Application, the Applicant/Respondent/Original Plaintiff has
                               sought for permission to withdraw the amount of Rs.61,25,697.50 deposited
                               by the Appellants before the Registry of this Court whilst securing a stay of
                               the decree passed by the Trial Court.




                                                                Page 1 of 3
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                                                         Order dated 10th July 2026
                                                                    912. IA 3060.2026.doc
                                                               Khushbu Impex vs. Lyka Labs


2.   During the arguments, the parties have agreed that the Applicant may
     withdraw the said amount of Rs.61,25,697.50 deposited by the Appellants
     subject to the Applicant furnishing a bank guarantee of a scheduled
     nationalized bank. The only issue of dispute is with regard to whether the
     aforesaid bank guarantee being furnished by the Applicant for withdrawal of
     the deposited amount would carry interest on an annual basis in order to
     secure the Appellants in the event the Appellants may succeed in their
     Commercial First Appeal.

3.   We have considered this issue. It has been a stand taken by this Court that
     when such bank guarantees are furnished by the Applicant for withdrawal of
     the deposited amount, in order to secure the Appellants’, the Applicants may
     be directed that upon renewal of the bank guarantee, it would provide for
     interest at 6% per annum till the disposal of the Appeal. This would be in
     order to secure the Appellants in the event they may succeed in their Appeal.

4.   Accordingly, we permit the Applicant to withdraw Rs.61,25,697.50 deposited
     by the Appellants before the Registry of this Court subject to furnishing a
     bank guarantee of a scheduled nationalized bank and if the bank guarantee is
     to be renewed from year to year, the same shall provide interest at 6% per
     annum till the disposal of the Commercial First Appeal.

5.   The Applicant shall furnish the bank guarantee of a scheduled nationalized
     bank within one week from the date of this order and subject to which the
     Applicant is permitted to withdraw the deposited amount of Rs.61,25,697.50
     or such other increased amount, lying deposited with the Registry. Further,
     in the event the bank guarantee is to be renewed from year to year, the
     Applicant shall provide for interest at the rate of 6% per annum on the bank
     guarantee. This shall be till the disposal of the present Commercial First
     Appeal.


                                       Page 2 of 3
                                    ----------------------
                                Order dated 10th July 2026
                                                                              912. IA 3060.2026.doc
                                                                         Khushbu Impex vs. Lyka Labs


6.        Needless to state that once the Appellants had deposited the said amount of
          Rs.61,25,697.50 for obtaining stay of the decree, the interest on the decretal
          amount stopped running.

7.        The Interim Application is accordingly disposed of. There shall be no order
          as to costs.




              ( FARHAN P. DUBASH, J. )                           ( R. I. CHAGLA J. )



Jyoti Pawar




                                           Page 3 of 3
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                                    Order dated 10th July 2026


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