Bombay High Court
CAESAR VAZversusRONALD GAMA
- Disposal
- Disposed of
Holding
The Court vacated the interim order, ordered the remittance of the Rs 1.80 crore with interest to the applicant, and restored the respondent’s right to deal with the suit property.
Summary
The Trial Court had ordered the applicant, Caesar Vaz, to keep a deposit of Rs 1.80 crore as security while restraining the respondent, Ronald Gama, from creating any third‑party rights over the suit property pending the Special Civil Suit No. 18/2017/A. The applicant later sought release of the deposit, offering to execute an indemnity bond or other security. The High Court, upon the applicant’s indication that it had no objection to vacating the interim relief, ordered the Civil Judge to remit the Rs 1.80 crore plus accrued interest to the applicant’s designated Eco Shoreline Residence and Plantation account and to vacate the interim order in its entirety, thereby restoring the respondent’s freedom to deal with the suit property. The order also directed the civil court registry to complete the transaction within two weeks. The application was consequently disposed.
Issues considered
- Whether the interim order restraining the respondent from creating third‑party rights and requiring the plaintiff to maintain a deposit can be vacated.
- Whether the plaintiff may be released from the deposit upon offering alternative security.
- Whether the respondent may resume full control over the suit property after vacating the interim order.
Subjects
- interim order
- deposit
- security
- vacated order
- third‑party rights
- civil procedure
- remittance
- interest
- suit property
Judgment
2026:BHC-GOA:1686 (3) MCA 437.2026
Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO. 437 OF 2026
IN
CIVIL APPLICATION NO. 54 OF 2024
IN
FIRST APPEAL NO. 63 OF 2024
CAESAR VAZ … APPLICANT
Versus
RONALD GAMA …RESPONDENT
Mr. S. D. Padiyar, Senior Advocate with Mr. Nihal Kamat
and Ms. Neha Bhobe, Advocates for the Applicant.
Applicant-Mr. Caesar Vaz present.
Mr. Hanumant D. Naik with Ms. Divya Naik and Ms. Dipti
Kambli, Advocates for the Respondent.
CORAM : VALMIKI MENEZES, J.
DATED : 20th AUGUST, 2026
P.C:
1. Heard.
2. By an interim order of 19.07.2024, the interim order
dated 19.01.2024, passed by the Trial Court to the effect that
Respondent/original Defendant in Special Civil Suit No.
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20th August, 2026
(3) MCA 437.2026
18/2017/A would stand restrained from creating any third
party rights over the suit property during the pendency of
suit, was continued in operation by this Court till disposal
of the Appeal, subject to the condition that the
Applicant/original Plaintiff keeps the amount of
Rs. 1,80,00,000/- deposited by it before the Trial Court in
deposit till the disposal of this Appeal. This deposit was
pursuant to the order dated 19.01.2024 passed by the Trial
Court.
3. The present application seeks the release of the
aforesaid amount and in substitution of the security sought
to be released, the Applicant has offered security by way of
executing an indemnity bond or such security as acceptable
by this Court.
4. During the course of hearing of this application, on
instructions from the Applicant/original Plaintiff, learned
Senior Advocate Mr. Padiyar states that Applicant would
have no objection if the entire interim relief granted to the
Applicant stands vacated and the Applicant is permitted to
withdraw the sum of Rs.1,80,00,000/- with accrued interest
deposited before the Trial Court, in view of the reasons
stated in the application.
Page 2 of 4
20th August, 2026
(3) MCA 437.2026
5. In view of the statement made today, the Court of the
Civil Judge Senior Division at Merces, Tiswadi, Goa, which
was dealing with Special Civil Suit No. 18/2017/A shall
remit Rs.1,80,00,000/- along with all accrued interest from
the date of deposit i.e. 01.02.2024 to the account of the Eco
Shoreline Residence and Plantation, of which the Applicant
claims to be an authorized signatory. The details of the
account to which the amount to be remitted are the
following:
NAME OF THE ECO SHORELINE RESIDENCE
ACCOUNT AND PLANTATIONS
HOLDER
BANK NAME ICICI BANK
BRANCH VASCO
ACCOUNT NO. 022605002109
IFSC CODE ICIC0000226
The Registry of the Civil Court shall complete this
transaction within two weeks from the passing of this order.
6. It is clarified, that from the date of the remittance of
the aforesaid amount to the Applicant/Eco Shoreline
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20th August, 2026
(3) MCA 437.2026
Residence and Plantation, the interim order dated
19.07.2024 shall stand vacated in its entirety. It is further
clarified that on the vacation of the interim order,
Respondent / original Defendant is at liberty to deal with the
suit property in any manner that he so pleases without
impediment from the original Plaintiff.
7. The application stands disposed of.
VALMIKI MENEZES, J.
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20th August, 2026
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