HATHIBHAI BULAKHIDAS PVT. LTD v. TATA CAPITAL FINANCIAL SERVICES LTD

Supreme Court of India · 11 Jan 2016
ANIL R. DAVE; SHIVA KIRTI SINGH; ADARSH KUMAR GOEL
CIVIL APPEAL NO.165 OF 2016
civil appeal_allowed

AI Summary

The Supreme Court partly allowed the civil appeal by directing the appellant to deposit 50% of the principal amount pending final disposal, balancing interests of both parties.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.165 OF 2016
(Arising out of SLP(C)No.36294 of 2015)
HATHIBHAI BULAKHIDAS PVT. LTD. ... APPELLANT(S)
VS.
TATA CAPITAL FINANCIAL SERVICES LTD. ... RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel for the appellant and the learned counsel appearing on caveat for the respondentplaintiff.

3. Upon hearing the learned counsel for the parties, we modify the impugned order to the effect that the appellant should deposit 50% of the principal amount within eight weeks from today.

5. With the above directions, the appeal is disposed of as partly allowed with no order as to costs. Page 2

6. Pending application, if any, stands disposed of ................... J. [ANIL R. DAVE] [SHIVA KIRTI SINGH] [ADARSH KUMAR GOEL] New Delhi; 11th January, 2016. Page 3 ITEM NO.17 COURT NO.2

SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.36294/2015 (Arising out of impugned final judgment and order dated 18/11/2015 in APP No.168/2014 passed by the High Court of Bombay)

VERSUS

TATA CAPITAL FINANCIAL SERVICES LTD. Respondent(s) (With appln. for exemption from filing c/c of the impugned judgment) Date: 11/01/2016 This petition was called on for hearing today. CORAM: HON'BLE MR.

JUSTICE ANIL R. DAVE HON'BLE MR.

JUSTICE SHIVA KIRTI SINGH HON'BLE MR.

JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Gaurav Agrawal,Adv. Mr. Aftab Diamondwala,Adv. For Respondent(s) Mr. Shyam Divan,Sr.Adv. Mr. Ashok Paranjape,Adv. For Mr. Ranjan Kumar,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of as partly allowed with no order as to costs in terms of Non-reportable judgment. (Sarita Purohit) (Sneh Bala Mehra) (Signed Non-reportable judgment is placed on the file)