(R. Banumathi and A.S. Bopanna, JJ.)
Aviation Travels Pvt. Ltd. ___________________________ Petitioner;
v.
Bhavesha Suresh Goradia and Others _______________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 5374-5375/2019, dcided on January 24, 2020
(IA No. 178350/2019 – Vacating Stay)
The Order of the court was delivered by
Order
1. We have heard Mr. Shekhar Naphade, learned senior counsel appearing for the petitioner, who has submitted that petitioner has deposited Rs. 60,00,000/- before the High Court-Office of the Prothonotary.
2. As per Order of this Court dated 18.02.20191, 50% of the decreetal amount was to be deposited before the High Court and there is a dispute regarding the quantum of the amount.
3. Considering the submission made at the Bar, the petitioner is directed to deposit another additional amount of Rs. 35,00,000/- within a period of four weeks from today.
4. The first respondent-decree holder is permitted to withdraw the amount of Rs. 60,00,000/- which has been deposited by the petitioner before the High Court. It is further ordered that on deposit of Rs. 35,00,000/- by the petitioner, the first respondent-decree holder is permitted to withdraw the same also. Withdrawal of the above amount(s) shall be subject to furnishing an affidavit of undertaking by the first respondent. The deposit of the amount and the permission for withdrawal of the same would be without prejudice to the contentions of both the parties.
5. For reporting compliance and for hearing the matter list the matter on 28.02.2020.
———
1 Aviation Travels (P) Ltd. v. Bhavesha Suresh Goradia, SLP (C) No. 47455 of 2018, order dated 18-2-2019(SC)
