Bombay High Court
M/S SHREE TIRUPATI GREENFIELD, (SHREE TIRUPATI GREENFIELD DEVELOPERS) AND ORS.versusSHRADDHA KHANDHADIA
- Decided
- Disposal
- Allowed
Holding
The interim application seeking withdrawal of the deposited amount is allowed.
Summary
The applicants, original defendants, filed an interim application seeking permission to withdraw Rs.17,00,000 deposited with the court pursuant to an earlier order, along with accrued interest. The earlier order dated 30 January 2023 had directed the deposit with liberty for the respondent to withdraw it. Subsequently, the appellants were allowed to withdraw the commercial first appeal on 9 June 2026. The respondent's counsel expressed no objection to the withdrawal of the deposited amount. The court, after noting the respondent's consent, allowed the interim application as prayed. The Registry was directed to process the withdrawal within two weeks, and the interim application was disposed of without costs.
Issues considered
- Whether the applicants may be permitted to withdraw the amount deposited with the court along with interest.
Subjects
- interim application
- deposit withdrawal
- commercial first appeal
- civil procedure
- court order
Judgment
Digitally
signed by
PRAJAKTA 2-IA 6603-26.DOC
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2026.09.30
10:01:42
+0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6603 OF 2026
IN
COMMERCIAL FIRST APPEAL NO. 19 OF 2022
M/s. Shree Tirupati Greenfield (Shree
Tirupati Greenfield Developers) & Anr. ...Applicants
In the matter of
M/s. Shree Tirupati Greenfield (Shree
Tirupati Greenfield Developers) & Ors. ...Appellants
Vs
Shraddha Khandhadia ...Respondent
_________
Mr. Saurabh Oka for Applicants.
Mr. Narayan Sahoo, learned counsel for the respondent,
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 24 SEPTEMBER 2026
P.C.
1. This interim application is filed by the applicants/original defendant nos.1
and 2, praying that the applicants be permitted to withdraw the amount of
Rs.17,00,000/- deposited by them in this Court pursuant to the order dated 30
January 2023 passed on Interim Application No. 795 of 2023 in the present
appeal, along with the accrued interest.
2. We find that, by an order dated 30 January 2023, the co-ordinate Bench of
this Court had directed the applicants to deposit the said amount, with liberty to
the respondent to withdraw the same. Thereafter, by an order dated 09 June
2026, the appellants had sought leave to withdraw the commercial first appeal,
Page 1 of 2
24 September 2026
2-IA 6603-26.DOC
and the co-ordinate Bench of this Court, on the same date, permitted withdrawal
of the appeal. It is on such backdrop, the present application has been filed
seeking withdrawal of the said amount.
3. Mr. Narayan Sahoo, learned counsel for the respondent states that he has
no objection to the prayers being granted.
4. Accordingly, the interim application is allowed in terms of prayer clause
(a).
5. The Registry shall do the needful within a period of two weeks from the
date of presentation of this order along with the praecipe by the learned Advocate.
6. The interim application stands disposed of in the aforesaid terms. No
costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Page 2 of 2
24 September 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.