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2026 DAILYLAW 12674 (BOM)

M/S SHREE TIRUPATI GREENFIELD, (SHREE TIRUPATI GREENFIELD DEVELOPERS) AND ORS. v. SHRADDHA KHANDHADIA

IA/6603/2026 · 2026-09-24

body2026

Judgment text

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2-IA 6603-26.DOC Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6603 OF 2026 IN COMMERCIAL FIRST APPEAL NO. 19 OF 2022 M/s. Shree Tirupati Greenfield (Shree Tirupati Greenfield Developers) & Anr. ...Applicants In the matter of M/s. Shree Tirupati Greenfield (Shree Tirupati Greenfield Developers) & Ors. ...Appellants Vs Shraddha Khandhadia ...Respondent _________ Mr. Saurabh Oka for Applicants. Mr. Narayan Sahoo, learned counsel for the respondent, __________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 24 SEPTEMBER 2026 P.C. 1. This interim application is filed by the applicants/original defendant nos.1 and 2, praying that the applicants be permitted to withdraw the amount of Rs.17,00,000/- deposited by them in this Court pursuant to the order dated 30 January 2023 passed on Interim Application No. 795 of 2023 in the present appeal, along with the accrued interest. 2. We find that, by an order dated 30 January 2023, the co-ordinate Bench of this Court had directed the applicants to deposit the said amount, with liberty to the respondent to withdraw the same. Thereafter, by an order dated 09 June 2026, the appellants had sought leave to withdraw the commercial first appeal, 24 September 2026 PRAJAKTA SAGAR VARTAK Digitally signed by PRAJAKTA SAGAR VARTAK Date: 2026.09.30 10:01:42 +0530 2-IA 6603-26.DOC and the co-ordinate Bench of this Court, on the same date, permitted withdrawal of the appeal. It is on such backdrop, the present application has been filed seeking withdrawal of the said amount. 3. Mr. Narayan Sahoo, learned counsel for the respondent states that he has no objection to the prayers being granted. 4. Accordingly, the interim application is allowed in terms of prayer clause (a). 5. The Registry shall do the needful within a period of two weeks from the date of presentation of this order along with the praecipe by the learned Advocate. 6. The interim application stands disposed of in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 24 September 2026