Bombay High Court
Daman Hospitality Pvt. Ltd vs August Shubiger on 10 March, 2021
Author: Vinay Joshi
Bench: S. J. Kathawalla, Vinay Joshi
11 - APP. 37-2019 with connected appeals
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL No. 37 OF 2019
IN
COMPANY PETITION No. 343 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
R And S Investment A. G. Wollerau ... Respondents
WITH
APPEALS No. 60 OF 2017
IN
COMPANY PETITION No. 476 OF 2015
Daman Hospitality Pvt Ltd ... Appellants
Versus
M/s Hollow Rock Foundation ... Respondents
WITH
APPEALS No. 61 OF 2017
IN
COMPANY PETITION No. 517 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s Patent Invest S A ... Respondents
WITH
APPEALS No. 62 OF 2017
IN
COMPANY PETITION No. 374 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
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11 - APP. 37-2019 with connected appeals
Versus
Hans Ulrich Sinter ... Respondents
WITH
APPEALS No. 63 OF 2017
IN
COMPANY PETITION No. 344 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Roger Niddam ... Respondents
WITH
APPEALS No. 64 OF 2017
IN
COMPANY PETITION No. 352 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. Ashwood Assets Ltd. ... Respondents
WITH
APPEALS No. 65 OF 2017
IN
COMPANY PETITION No. 481 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Anjuta Aigner Dumnwald ... Respondent
WITH
APPEALS No. 66 OF 2017
IN
COMPANY PETITION No. 516 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Green Tiger Foundation ... Respondents
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11 - APP. 37-2019 with connected appeals
WITH
APPEALS No. 67 OF 2017
IN
COMPANY PETITION No. 479 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. First Mountain Trust ... Respondents
WITH
APPEALS No. 68 OF 2017
IN
COMPANY PETITION No. 522 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. Fountain Frame Foundation ... Respondents
WITH
APPEALS No. 69 OF 2017
IN
COMPANY PETITION No. 348 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
August Shubiger ... Respondents
WITH
APPEALS No. 70 OF 2017
IN
COMPANY PETITION No. 475 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
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11 - APP. 37-2019 with connected appeals
Marianne Cretton ... Respondents
WITH
APPEALS No. 71 OF 2017
IN
COMPANY PETITION No. 359 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. India Ltd. ... Respondents
WITH
APPEALS No. 72 OF 2017
IN
COMPANY PETITION No. 623 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Mr. Marcus Anderson ... Respondents
WITH
APPEALS No. 73 OF 2017
IN
COMPANY PETITION No. 375 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. Arturo Estate Inc. ... Respondents
WITH
APPEALS No. 74 OF 2017
IN
COMPANY PETITION No. 523 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
4/8
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Arctic Ice Foundation ... Respondents
WITH
APPEALS No. 75 OF 2017
IN
COMPANY PETITION No. 523 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s. Calavirgin Stiftung ... Respondents
WITH
APPEALS No. 76 OF 2017
IN
COMPANY PETITION No. 518 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
M/s Global Concepts Establishment ... Respondents
WITH
APPEALS No. 77 OF 2017
IN
COMPANY PETITION No. 480 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Dune Edge Foundation ... Respondents
WITH
APPEAL No. 78 OF 2017
IN
COMPANY PETITION No. 477 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
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Versus
M/s. Timoco Invest Trade Ltd. ... Respondents
WITH
APPEAL No. 79 OF 2017
IN
COMPANY PETITION No. 360 OF 2015
Daman Hospitality Pvt. Ltd. ... Appellants
Versus
Marcel Huber ... Respondents
***
Mr. Rohan Rajadhaksha a/w Amey Mirajkar, i/b AZB & Partners, for
the Appellants.
Mr. Saurabh Bachhawat a/w Pranav Shah i/b Abhishek Adke, for the
Respondents.
***
CORAM : S. J. KATHAWALLA, &
VINAY JOSHI, JJ.
DATE : MARCH 10, 2021 PC.
1. Perused the praecipe dated 4th March, 2021. Pursuant to the order dated 6 th December, 2016, the Appellants have deposited Rs. 14,48,31,136/- (Rupees Fourteen Crores Forty eight Lakhs thirty one thousand one hundred and thirty six) with the Prothonotary and Senior Master of this Court. The said amount has been invested in 6/8 ::: Uploaded on - 16/03/2021 ::: Downloaded on - 01/09/2021 01:00:30 ::: 11 - APP. 37-2019 with connected appeals fixed deposit of Nationalised Bank and renewed from time to time by the Prothonotary and Senior Master.
2. In the above appeal parties had arrived at consent terms dated 20th August, 2020 and by an order dated 27 th August, 2020 the appeal was disposed of in terms of the said consent terms. Under the consent terms, Appellant was given liberty to withdraw the said amount of Rs.14,48,31,136/- deposited with the Prothonotary and Senior Master alongwith the interest accrued thereon.
3. The Appellant had requested the ofce of the Prothonotary and Senior Master to release the said amount, however, the ofce of the Prothonotary and Senior Master has directed the Appellant to obtain an order from this Court. The learned Advocate for the Respondents states on instructions that the Respondents have no objection if the request made by the Appellant by their praecipe / application dated 4th March, 2021 is granted. In view thereof, we pass the following order:
(i) The ofce of the Prothonotary and Senior Master shall release the amount of Rs. 14,48,31,136/- (Rupees Fourteen 7/8 ::: Uploaded on - 16/03/2021 ::: Downloaded on - 01/09/2021 01:00:30 ::: 11 - APP. 37-2019 with connected appeals Crores, Forty eight Lakhs, thirty one thousand and one hundred thirty six only) alongwith interest accrued thereon in favour of the Appellant, not later than two weeks from today.
(ii) The application is accordingly disposed of.
Sd/- Sd/-
[VINAY JOSHI, J.] [S. J. KATHAWALLA, J.]
Vinayak Halemath
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