56-CAW-26-2022.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 26 OF 2022 IN WRIT PETITION NO. 9402 OF 2011 Bageecha Hotels Pvt. Ltd. … Petitioner through Director Vs. Encore Hotels Pvt. Ltd. … Respondents through Shri Kumar Anish Mr. Tejas Deshmukh a/w. Mr. Onkar Somvanshi for the Applicant. CORAM : GAURI GODSE, J. DATE : 14th NOVEMBER 2025 ORDER : 1. The petition is already admitted. This application is for seeking withdrawal of the amount deposited by the petitioner in this court, in view of the condition for grant of interim relief. Hence, there would not be any question of permitting withdrawal of the amount at this stage. 2. Considering the nature of challenge in the petition, the petition itself can be decided finally. The petition arises out of summary suit of the year 2010. Further proceedings are stayed by this court. 1/2 rrpillai 56-CAW-26-2022.docx 3. Learned counsel for the petitioner submits that the summary suit is for liquidated damages and therefore the summary suit would not be maintainable. He therefore submits that the petition be decided finally at the earliest as petitioner’s amount is blocked. 4. List the petition for final disposal on 5th December 2025. To be listed at the end of daily board under the caption for final disposal. 5. Learned Advocate for the petitioner shall serve copy of this order on the learned Advocate who has filed appearance for the respondent. 6. Civil Application is disposed of in aforesaid terms. [GAURI GODSE, J.] 2/2