Bombay High Court

SUKH DEV SINGH RAWATversusOCEANEERING INTERNATIONAL GMBH

Decided: 23 January 2026
Disposal: Allowed
Bench: AMIT BORKAR

Holding

The Court allowed withdrawal of the deposited amount subject to the applicant’s undertaking to reimburse the full amount if the petitioner succeeds in the writ petition.

Summary

The High Court had earlier stayed a judgment and award directing the petitioner, Oceaneering International GMBH, to pay Rs.10,50,000 as a condition for interim relief, of which the petitioner deposited 50%. The applicant, Sukh Dev Singh Rawat, filed an interim application seeking withdrawal of the deposited amount, claiming it originated from a bank guarantee that had been encashed. The Court allowed the withdrawal but conditioned it on the applicant furnishing an undertaking within four weeks to reimburse the full amount if the petitioner ultimately succeeds in the writ petition. An advance copy of the undertaking is to be served on the petitioner. The interim application was thus disposed of without any costs.

Issues considered

Whether the applicant may withdraw the amount deposited as security under the stay order
Whether the Court can condition such withdrawal on an undertaking to reimburse if the petitioner succeeds

Subjects

interim relief
stay order
bank guarantee
undertaking
civil appellate jurisdiction
writ petition

Judgment

                                                                   13-ia445-2024 in wp9092-2023.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.445 OF 2024
                                                    IN
                                       WRIT PETITION NO.9092 OF 2023

                      Sukh Dev Singh Rawat                        … Applicant
                           In the matter between
                      Oceaneering International GMBH              … Petitioner
                                 V/s.
                      Sukh Dev Singh Rawat                        … Respondent

ATUL                  Mr. Hasit Seth i/by Mr. Vishal Kurtukade for the
GANESH
KULKARNI              petitioner.
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.01.23
14:38:12 +0530
                      Mr. Niranjan Kandade for the respondent/applicant.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : JANUARY 23, 2026
                      P.C.:

                      1.      This Court by order dated 1 August 2023 granted stay to the
                      judgment and Award dated 26 April 2023 directing petitioner to
                      pay an amount of Rs.10,50,000/- as a condition for grant of
                      interim relief. The petitioner has deposited 50% of the amount of
                      dues directed to be paid by the impugned order.

                      2.      The applicant has filed present interim application seeking
                      withdrawal of such amount, as the said amount was part of bank
                      guarantee en-cashed by the petitioner.

                      3.      Hence, the interim application is allowed in terms of prayer
                      clause (a), subject to the applicant filing an undertaking in this
                      Court within four weeks from today stating that in case the


                                                        1
                                            13-ia445-2024 in wp9092-2023.doc


petitioner succeeds in the writ petition, the applicant shall
reimburse entire amount withdrawn to the petitioner. An advance
copy of the undertaking shall be served on the petitioner.

4.   The interim application stands disposed of in above terms.
No costs.


                                            (AMIT BORKAR, J.)




                                 2

Continue reading with your account

Checking your session…