Bombay High Court

ASHOKKUMAR MANHARLAL SHAHversusAJAYKUMAR MANHARLAL SHAH

Decided: 22 June 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The court allowed the applicant to deposit the decretal amount in the High Court within two weeks.

Summary

The applicant, Ashokkumar Manharlal Shah, filed an interim application seeking permission to deposit the entire decretal amount in the High Court rather than the trial court. The respondent, Ajaykumar Manharlal Shah, was absent despite notice. The court considered the request and found no objection, noting that the decree amount is already secured by deposit either in the trial court or the High Court. Consequently, the court modified paragraph 2 of its earlier order to direct that the decretal amount be deposited in the High Court within two weeks. The corrected order was to be uploaded, effectively granting the applicant's request.

Issues considered

Whether the applicant may deposit the decretal amount in the High Court instead of the trial court

Subjects

interim application
decretal amount
deposit
civil procedure
High Court jurisdiction

Judgment

                                                         901-IA-3146-2026.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 3146 OF 2026
                                    IN
                       FIRST APPEAL NO. 403 OF 2026



Ashokkumar Manharlal Shah                                 ...Applicant/
                                                          Appellant
          Versus
Ajaykumar Manharlal Shah                                  ...Respondent

                               ——————
Ms. Aditi Naikare, for the Applicant.
                               ——————

                             CORAM : SHARMILA U. DESHMUKH, J.
                             DATE     : June 30, 2026


P. C. :

1.        The application has been moved for speaking to the minutes of

the order dated 22nd June, 2026. The Respondent had appeared in

person, and learned counsel for the Applicant submits that notice of

today’s hearing was given to the Respondent. However, the

Respondent is not present.

2.        By the present application, the Applicant seeks liberty to deposit

the entire decretal amount in this Court instead of the Trial Court.

There cannot be any objection to this request, as the entire decretal




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                                                      901-IA-3146-2026.doc


amount is secured by the deposit in the Trial Court or this Court.

3.      In light of the above, paragraph 2 of the order dated 22 nd June,

2026, is substituted to read as under :

       ‘Learned counsel for the Applicant, on instructions, submits

       that within a period of two weeks from today, decretal

       amount will be deposited in this Court.’

4.      Corrected order to be uploaded accordingly.




                                      [SHARMILA U. DESHMUKH, J.]




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