HATHIBHAI BULAKHIDAS PVT. LTD. Vs. TATA CAPITAL FINANCIAL SERVICES LTD.

Supreme Court of India (Full Bench (FB)- Three Judge)

Appeal (Civil), 165 of 2016, Judgment Date: Jan 11, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.165 OF 2016
                (Arising out of SLP(C)No.36294 of 2015)


HATHIBHAI BULAKHIDAS PVT. LTD.                              ... APPELLANT(S)

                                 VS.

TATA CAPITAL FINANCIAL SERVICES LTD.                       ... RESPONDENT(S)




                     J U D G M E N T




ANIL R.  DAVE, J.


1.    Leave granted.
2.    Heard the learned counsel for the appellant and  the  learned  counsel
appearing on caveat for the respondent- plaintiff.
3.    Upon hearing the learned  counsel  for  the  parties,  we  modify  the
impugned order to the effect that the appellant should deposit  50%  of  the
principal amount within eight weeks from today.
5.    With the above  directions,  the  appeal  is  disposed  of  as  partly
allowed with no order as to costs.




6.    Pending application, if any, stands disposed of.



                                                        ..................J.
                                                              [ANIL R. DAVE]


                                                        ..................J.
                                                         [SHIVA KIRTI SINGH]


                                                        ..................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
11th January, 2016.
ITEM NO.17               COURT NO.2               SECTION IX

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No.36294/2015

(Arising out of impugned final judgment and order dated  18/11/2015  in  APP
No.168/2014 passed by the High Court of Bombay)

HATHIBHAI BULAKHIDAS PVT. LTD.                     Petitioner(s)

                                VERSUS

TATA CAPITAL FINANCIAL SERVICES LTD.               Respondent(s)
(With appln. for exemption from filing c/c of the impugned judgment)

Date : 11/01/2016 This petition was called on for hearing today.

CORAM :
         HON'BLE MR. JUSTICE ANIL R. DAVE
         HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
         HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s)      Mr. Gaurav Agrawal,Adv.
                       Mr. Aftab Diamondwala,Adv.

For Respondent(s)      Mr. Shyam Divan,Sr.Adv.
                       Mr. Ashok Paranjape,Adv.
                       For Mr. Ranjan Kumar,Adv.

          UPON hearing the counsel the Court made the following
                             O R D E R

Leave granted.
The appeal is disposed of as partly allowed with no order  as  to  costs  in
terms of Non-reportable judgment.

       (Sarita Purohit)                        (Sneh Bala Mehra)
         Court Master                   Assistant Registrar

           (Signed Non-reportable judgment is placed on the file)