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2026 DAILYLAW 9737 (BOM)

M/s. Sanchar Constructions Proprietor, Mahadappa H. Andure thru. its Gen. POA Kiran K. Naik v. Maharashtra Industrial Development Corporation thru. its Secretary and Others

CA/5477/2026 · 2026-09-11

body2026

Judgment text

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1 11.CA.5477.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5477 OF 2026 IN COMAP/4/2026 M/S. SANCHAR CONSTRUCTIONS PROPRIETOR, MAHADAPPA H. ANDURE THROUGH ITS GEN. P.O.A. KIRAN K. NAIK VERSUS MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION THROUGH ITS SECRETARY AND OTHERS ... Advocate for Applicant : Mr. Sunil L. Sange h/f. Mr. J.N. Singh (V.C.) Advocate for Respondents : Mr. S.S. Dande ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 11.09.2026 PER COURT: The Commercial Suit filed by the applicant was allowed and the respondent/defendant was directed to pay an amount of Rs.9,93,483/- along with 12% interest per annum from the date of filing of suit till the realization of amount. The respondents have challenged the said decree by filing the present Commercial Appeal. At the time of considering stay application, this Court directed the respondents to deposit 50% of the decretal amount. However, the respondents have deposited only an amount of Rs.4,96,742/-, which is 50% amount of 2026:BHC-AUG:42176-DB 2 11.CA.5477.26.odt the principle amount, however, nothing is deposited towards interest. In that view of the matter, the Civil Application is allowed in terms of prayer clause ‘B’ which reads as follows : “B. The Hon’ble Court may be pleased to permit the applicant to withdraw an amount of Rs.4,96,742/- deposited by the Non-applicants in this Hon’ble Court in the interest of justice.” (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/