4-wp-11457-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11457 OF 2022 Shri Kishore Lal Chugh … Petitioner vs. Shri Shammi K. Gandhi … Respondent Mr. Amey Deshpande a/w. Ms. Vandana Bait a/w. Mr. Harsh Nishar for the Petitioner. Mr. Prathamesh P. h/f. Mr. Akshay Malviya for the Respondent. CORAM : GAURI GODSE, J. DATED : 27th NOVEMBER 2025 ORDER: 1. This petition is filed by the judgment debtor to challenge the order passed by the executing court dismissing his application under Section 47 of the Civil Procedure Code, 1908 (‘CPC’), raising an objection to the execution on the ground that nothing would survive for imposing compensation in view of the order passed by the Hon’ble Apex Court. The respondent filed the execution application for executing the judgment and decree dated 17th November 2014, passed by the Joint Civil Judge, S.D., Thane, in Summary Suit No. 84 of 2008 directing the petitioner to pay interest Page no. 1 of 5 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.29 17:04:24 +0530 4-wp-11457-2022.doc at the rate of 18.8% per annum on the principal sum of Rs. 18,87,000/- from the date of payment of the last cheque dated 23rd June 2007 till realisation. This decree is put to execution by the respondent. 2. The petitioner was convicted for an offence punishable under Section 138 of the Negotiable Instruments Act, for the dishonour of four cheques, totalling Rs. 18,87,000/-. The order of conviction is confirmed upto the Hon’ble Apex Court. When the appeal was preferred by the petitioner before the Sessions Court, he had deposited the amount of compensation, i.e. Rs. 19,50,000/-. This amount was deposited, and interest has accrued on it. Some of the amount has been withdrawn, and some of the interest is still lying with the sessions court. 3. As per the order dated 21st February 2023, passed by this court, a report dated 3rd March 2023, is placed on record. Both the learned counsels for the parties were permitted to verify the report and place on record the respective calculations for the purpose of verifying whether the decree under execution stands satisfied. 4. Learned counsel for the petitioner has tendered calculations after verifying the report. He has stated in the calculation chart that, as per the report dated 3rd March 2023, an amount of Rs. 7,56,735/- Page no. 2 of 5 4-wp-11457-2022.doc is still lying in the sessions court. He, on instructions, submits that the petitioner would not have any objection if the amount of Rs. 7,56,735/- with further interest accrued, if any, is permitted to be withdrawn by the respondent. The chart is taken on record and marked ‘X’ with today’s date for identification. 5. Learned counsel for the petitioner submits that in view of the decree and the dates of the amount deposited by the petitioner, the amount of Rs.10,95,952/- would be liable to be paid by the petitioner. The said amount with interest is payable as per the decree. He submits that the said amount is calculated from the last cheque dated 23rd June 2007 till 30th July 2012, i.e., the last deposit made by the petitioner in the sessions court. Learned counsel for the petitioner submits that the calculations have been explained by the petitioner in ground (m) of the petition. In view of the aforesaid calculations, learned counsel for the petitioner submits that the petitioner be granted six months time to deposit the amount of Rs. 10,95,952/- in the executing court towards the satisfaction of the decree. 6. The respondent has not disputed the calculations in the report and in the chart prepared by the learned counsel for the petitioner, tendered today. The petition can therefore be disposed of by Page no. 3 of 5 4-wp-11457-2022.doc permitting the respondent to withdraw the amount from the Sessions Court and by granting time to the petitioner to deposit the balance amount as recorded in the above paragraphs. 7. Hence, for the reasons stated above, the writ petition is disposed of by passing the following order: I. The statement made on behalf of the petitioner for depositing Rs. 10,95,952/- within six months is accepted as an undertaking to this court. The petitioner is permitted to deposit Rs. 10,95,952/- in the Special Darkhast No. 56 of 2015 within six months from today. II. After the amount is deposited by the petitioner as per the direction above, the respondent shall be permitted to withdraw the amount of Rs. 10,95,952/-, on production of an authenticated copy of this order. III. It is clarified that, on failure to deposit the amount as per the directions in clause (I) above, the respondent shall be entitled to get the judgment and decree dated 17th November 2014, passed by the Joint Civil Judge, S.D., Thane, in Summary Suit No. 84 of 2008, executed for its full satisfaction and also initiate action for committing contempt of this order. IV. The respondent shall be permitted to withdraw the amount of Page no. 4 of 5 4-wp-11457-2022.doc Rs. 7,56,735/-, as per the report dated 3rd March 2023 from the Sessions Court, Nashik, along with any further interest if accrued. The respondent shall be permitted to withdraw the said amount with further interest, if any, from the Sessions Court, Nashik, on production of the authenticated copy of this order. 8. Writ Petition is disposed of in the aforesaid terms. (GAURI GODSE, J.) Page no. 5 of 5