912. IA 3060.2026.doc Khushbu Impex vs. Lyka Labs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3060 OF 2026 IN COMMERCIAL FIRST APPEAL NO. 18 OF 2025 Khushbu Impex through its Sole Proprietor Mr. Bhupesh Shah … Applicant/Respondent/ Orig. Plaintiff IN THE MATTER BETWEEN Lyka Labs Ltd. and Ors. … Appellants/ Orig. Defendants V/s. Khushbu Impex through its Sole Proprietor Mr. Bhupesh Shah … Respondent/ Orig. Plaintiff _______________________________________ Mr. Sahil Mahajan for the Appellants Mr. Chetan Kapadia, Senior Advocate a/w. Ms. Vidisha Rohira, Ms. Sabeena Mahadik and Mr. Mangesh Avhale for the Respondent _______________________________________ CORAM : R. I. CHAGLA AND FARHAN P. DUBASH, JJ. DATE : 10th JULY 2026 P.C. : 1. By this Interim Application, the Applicant/Respondent/Original Plaintiff has sought for permission to withdraw the amount of Rs.61,25,697.50 deposited by the Appellants before the Registry of this Court whilst securing a stay of the decree passed by the Trial Court. ---------------------- Order dated 10th July 2026 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2026.07.10 19:30:48 +0530 912. IA 3060.2026.doc Khushbu Impex vs. Lyka Labs 2. During the arguments, the parties have agreed that the Applicant may withdraw the said amount of Rs.61,25,697.50 deposited by the Appellants subject to the Applicant furnishing a bank guarantee of a scheduled nationalized bank. The only issue of dispute is with regard to whether the aforesaid bank guarantee being furnished by the Applicant for withdrawal of the deposited amount would carry interest on an annual basis in order to secure the Appellants in the event the Appellants may succeed in their Commercial First Appeal. 3. We have considered this issue. It has been a stand taken by this Court that when such bank guarantees are furnished by the Applicant for withdrawal of the deposited amount, in order to secure the Appellants’, the Applicants may be directed that upon renewal of the bank guarantee, it would provide for interest at 6% per annum till the disposal of the Appeal. This would be in order to secure the Appellants in the event they may succeed in their Appeal. 4. Accordingly, we permit the Applicant to withdraw Rs.61,25,697.50 deposited by the Appellants before the Registry of this Court subject to furnishing a bank guarantee of a scheduled nationalized bank and if the bank guarantee is to be renewed from year to year, the same shall provide interest at 6% per annum till the disposal of the Commercial First Appeal. 5. The Applicant shall furnish the bank guarantee of a scheduled nationalized bank within one week from the date of this order and subject to which the Applicant is permitted to withdraw the deposited amount of Rs.61,25,697.50 or such other increased amount, lying deposited with the Registry. Further, in the event the bank guarantee is to be renewed from year to year, the Applicant shall provide for interest at the rate of 6% per annum on the bank guarantee. This shall be till the disposal of the present Commercial First Appeal. ---------------------- Order dated 10th July 2026 912. IA 3060.2026.doc Khushbu Impex vs. Lyka Labs 6. Needless to state that once the Appellants had deposited the said amount of Rs.61,25,697.50 for obtaining stay of the decree, the interest on the decretal amount stopped running. 7. The Interim Application is accordingly disposed of. There shall be no order as to costs. ( FARHAN P. DUBASH, J. ) ( R. I. CHAGLA J. ) Jyoti Pawar ---------------------- Order dated 10th July 2026