8_IA_5917_2026.DOC Prasad IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.5917 OF 2026 IN COMMERCIAL FIRST APPEAL NO.17 OF 2026 Universal Medicare Private ...Applicant Versus UCO Bank ...Respondent _________ Mr. Sameer Pandi a/w Sarrah Khambati, Aastik Agarwal i/by Wadia Ghandy and Co., for the Applicant in IA/5917/2026 and for Respondent in COMFA/17/2026. Mr. Mandar Somar i/by Nitesh Agarwal, for the Appellant. _________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 20 AUGUST 2026. P.C. 1. This is an Interim Application filed in the aforesaid Appeal, whereby the Applicant / Original Plaintiff has prayed for interim order directing the Registry of this Court to release in favour of the Applicant / Original Plaintiff a sum of Rs.7,78,99,280/- deposited by Appellant – UCO Bank by order dated 19.06.2026 passed by a Co-ordinate Bench of this Court in Interim Application No.4124 of 2026, wherein the UCO Bank prayed for stay of the decree. 2. We have heard learned Counsel for the parties. We have also perused the judgment and order dated 15.07.2025, passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Mazgaon, Greater Mumbai, in Commercial Summary Suit No.814 of 2014, whereby the suit filed by the Appellant has been decreed in the following terms: 8_IA_5917_2026.DOC “2) The Defendant do pay an amount of Rs.5,15,84,923/- together with interest at the rate of Rs.8.55% per annum from August 06, 2014, till its realization in full.” 3. The case of the Applicant / Plaintiff in the suit was of the UCO Bank not honoring the refunds / encashment of Fixed Deposit Scheme (FD) which was opened by the Applicant of an amount of Rs.5,15,84,923/-. The Applicant had presented the original Fixed Deposit Receipt for encashment and the bank refused to encash the said FD on the ground that another FD for the same amount had been presented against which cash credit facility was made available by the Bank in the Applicant’s name. However, the said payment was never received by the Applicant. The case of the Applicant / Plaintiff in the suit in question was of a fraud which had taken place and which was in collusion with the bank machinery and its officers. However, the legitimate claim as made by the Applicant / Plaintiff for refund of amount was denied on such grounds, although the Applicant / Plaintiff had no role whatsoever in any fake FD being presented and subject matter of any disbursement in favour of any third party. 4. On perusal of the impugned judgment and order passed by the learned Trial Judge, it appears that a specific issue was framed as to whether the Applicant / Plaintiff had proved that it rendered originals deposit receipts to the defendant UCO Bank at the time of seeking refund, the same has been recorded in the affirmative. It also appears that the Applicant / Plaintiff has proved that the Defendant – UCO Bank’s officers have been negligent in opening the purported cash credit facility in the Applicant / Plaintiff’s name without the Applicant / 8_IA_5917_2026.DOC Plaintiff’s authorisation and such specific issue being framed in that regard (Issue No.3) is also answered in favour of the Applicant / Plaintiff. 5. Having given our anxious consideration to the findings which are recorded in the impugned judgment and order, we are of the opinion that no useful purpose will be served in the amounts lying deposited in this Court considering the reasons for which the said suit has been decreed. Reply Affidavit is filed opposing the present Interim Application. The Reply Affidavit does not in any manner persuade us to not grant present Interim Application. We are of the opinion that the findings which are recorded by the learned Trial Judge forms a strong prima facie case in favour of the Applicant to grant the present Interim Application and more particularly that the Applicant / Plaintiff is ready and willing to furnish bank guarantee to withdraw the said amounts as deposited in this Court. 6. In the aforesaid circumstances, the Interim Application is allowed in terms of prayer clause ‘(a)’, subject to the Applicant / Plaintiff furnishing a bank guarantee of a requisite amount with a nationalized bank to the satisfaction of the Prothonotory and Senior Master. 7. Let the office take necessary steps to release the amount within two weeks of the bank guarantee being furnished. 8. Interim Application disposed of in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.08.24 17:55:44 +0530