Bombay High Court
Shri. Vijay Vasantrai Gohil vs M/S. Irb Infrastructure Developers ... on 25 March, 2021
Bench: K.K.Tated, Abhay Ahuja
9 ia2980-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by CIVIL APPELLATE SIDE JURISDICTION
Trusha Trusha T.
Mohite
T. Date:
Mohite 2021.03.26
17:21:23
INTERIM APPLICATION NO.2980 OF 2020
+0530
IN
FIRST APPEAL NO.1369 OF 2019
Vijay Vasantrai Gohil ..... Applicant
IN THE MATTER BETWEEN:
M/s.IRB Infrastructure Developers
Ltd. And Ors. ..... Appellants
vs.
Vijay Vasantrai Gohil & Ors. ..... Respondents
Mr.Abhishek Tripathi for the Applicant
Ms.Teresa Daulat, Mr.Mohanish Patkar a/w Mr.Gulnar
Mistry and Mr.Shreyas Maheshwari i/b M/s.TRD Associates
for the Appellants
CORAM: K.K.TATED &
ABHAY AHUJA, JJ.
DATED : MARCH 25, 2021
P.C.
. Heard.
2. Advocate Mr.Abhishek Tripathi for the Applicant original defendant seeks some time to fle their reply.
3. By this Application, Applicant is seeking permission to withdraw the amount awarded by Joint Civil Judge, Senior Mohite 1/4 9 ia2980-20.odt Division, Vasai in Special Civil Suit No.48 of 2012.
4. The learned counsel for the Applicant submits that Applicant fled Special Civil Suit No.48 of 2012 against the Appellants original defendants for damages with following prayers:
"(a) Pass a decree and direct the Defendants (individually or collectively) (jointly and severally) to pay to the Plaintiffs a sum of Rs.5,05,00,000/- (Rupees Five Crores Five Lac only) as and towards damages and compensation along with interest at the rate of 24%, p.a. from the date of the incident that is from 5.01.2011 till the date of fling of this suit that is till 03.05.2012 or at such rate of interest and for such period as this Hon'ble Court thinks ft and proper in the interest of justice and at the rate of 9% p.a. from the date of this suit till the date of actual payment or at such rate of interest and for such period as this Hon'ble Court thinks ft and proper in the interest of justice;
(b) Direct the Defendants to disclose on oath, their respective moveable and inmoveable property and record "change" to the extent of Rs. 5,05,00,000/-
(Rupees Five Crores Five Lac only) over the same by the Order of this Hon'ble Court till the Defendants pay the decreetal amount to the Plaintiffs pending hearing and fnal disposal of this suit;
(c) Pass appropriate orders/directions against the Defendants to secure their presence in this Hon'ble Court, pending hearing and fnal disposal of this suit;
Mohite 2/49 ia2980-20.odt
(d) Costs of this suit be provided for, and
(e) Pass any other further orders as and when required in the interest of justice."
5. The learned Counsel for the Applicant submits that Trial Court after considering the evidence on record held that the Applicants are entitled compensation and damages of Rs.50,00,000/- with interest @ 9% p.a. till the realisation of the said amount. He submits that actually the Applicant fled Special Civil Suit No.48 of 2012, and claimed damages to the tune of Rs.5,05,00,000/-
6. The learned counsel for the Applicant submits that Applicant no.1 is suffering from COVID-19. He is admitted in hospital and now he requires fnancial assistance to clear his bills. He further submits that present Application is pending for hearing since last one year. Considering these facts, the following order is passed:
a. Liberty granted to the appellant to fle their reply on or before 31.03.2021 with copy to other side.
b. Rejoinder if any, be fled on or before 03.04.2021 with copy to other side.
c. Matter to appear on board on 06.04.2021.
d. In the meanwhile, Applicant to complete the service Mohite 3/4 9 ia2980-20.odt on remaining Respondents if any, by private notice.
(ABHAY AHUJA, J.) (K.K.TATED, J.)
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