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Rohit A. Kapadia vs Perviz J. Modi on 22 August, 2016

Bench: Pinaki Chandra Ghose, Amitava Roy

                                               IN THE SUPREME COURT OF INDIA
                                                CIVIL APPELLATE JURISDICTION


                            CIVIL APPEAL NO.8257/2016
     (@Petition(s) for Special Leave to Appeal (C) No(s).                             23945/2016)



     ROHIT A. KAPADIA AND ANR.                                                    Appellant(s)


                                                           VERSUS


     PERVIZ J. MODI                                                               Respondent(s)

                                                          O R D E R

Leave granted.

Heard the learned Senior counsel appearing for the appellants. We have carefully considered the impugned Judgment and order which has been delivered by the High Court.

After having heard the learned counsel appearing for the parties, in our opinion, it was not appropriate on the part of the High Court, in the facts and circumstances of the case, to impose costs with interest.

Accordingly, we only delete the paragraph of the order imposing costs of Rs.5 lakhs with accrued interest which have been directed to be paid by the plaintiffs to the defendant, which reads as follows:-

“The appeal being devoid of merits, is dismissed, with costs quantified at Rs.5,00,000/-, to be paid to the defendant, within six weeks from today, along with interest accrued on the amount deposited by the plaintiffs in this Court.” We confirm the other part of the order of the High Court in favour of the defendant.

The Judgment and Order of the High Court is modified only to the extent as indicated above.

The Appeal is disposed of in the afore-stated terms.

......................J (PINAKI CHANDRA GHOSE) ......................J (AMITAVA ROY) NEW DELHI;

22ND AUGUST, 2016.

                                       -3-

ITEM NO.36              COURT NO.9                          SECTION IX
               S U P R E M E C O U R T O F               I N D I A
                       RECORD OF PROCEEDINGS

                     CIVIL APPEAL NO.8257/2016
(@Petition(s) for Special Leave to Appeal (C) No(s).               23945/2016)

(Arising out of impugned final judgment and order dated 14/07/2016 in SN No. 603/2005 in APP No. 564/2015 14/07/2016 passed by the High Court Of Bombay) ROHIT A. KAPADIA AND ANR. Appellant(s) VERSUS PERVIZ J. MODI Respondent(s) (With appln.(s) for exemption from filing c/c of the impugned Judgment) Date: 22/08/2016 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Dr. A.M. Singhvi, Sr. Adv. Mr. Shyam Divan, Sr. Adv. Mr. Pradeep Sanchety, Sr. Adv. Mr. Sriraj Dhruv, Adv. Mr. Sameer Parekh, Adv. Mr. E.R. Kumar, Adv.

Mr. Kshatrshal R, Adv. M/s. Parekh & Co.,Adv. For Respondent(s) Mr. Joseph Kodianthara, Sr. Adv. Mr. Ricab Chand, Adv.

Mr. Dileep Pillai, Adv. Mr. Ajay K. Jain, Adv.

Mr. Atul Shankar Vinod, Adv. Mr. M.P. Vinod, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The Appeal is disposed of in terms of the signed order. Pending application filed in the matter is also disposed of.

    (VISHAL ANAND)                      (SNEH LATA SHARMA)
     COURT MASTER                          COURT MASTER

(Signed Order is placed on the file)