2008caw1825.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (W) NO.1825 OF 2011 AND CIVIL APPLICATION (W) NO.2163 OF 2011 IN WRIT PETITION NO.3829 OF 2010 M/s.J.K.Steel Corporation VERSUS Omkar Gulabrao Khodke and another ............................................................... . Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................... . Shri R.R.Shrivastava, Counsel for the Petitioner/Applicant. Shri S.N.Dandekar, Counsel for the Respondent no.1. AGP for Respondent no.2. CORAM : R. K.DESHPANDE, J. DATE : 20. AUGUST, 2011. This application is filed for modification of the order dated 20.6.2011 and/or for relaxing the condition imposed while granting interim relief. By an order dated 20.6.2011 after hearing the parties, this Court had granted .....2/- 2008caw1825.11.odt 2 interim relief in terms of prayer clause-(iii) of the petition, subject to the condition that the petitioner shall deposit the entire amount of Rs.7,20,000/- in this Court, within a period of eight weeks from the date of the order. Upon depositing of the said amount, the office was directed to keep the said amount in a fixed deposit in any Nationalized Bank initially for a period of three years. By this application a plea is put forth, that the sister concern of the petitioner, namely M/s.Jaushna Steels (I) Private Limited, has to recover an amount of Rs.4,66,903.97 from the respondent no.1. Hence, the exemption is claimed from depositing the amount to that extent. In addition to this, the financial difficulty is also put forth of the petitioner in depositing the amount. Undisputedly, the decree for an .....3/- 2008caw1825.11.odt 3 amount of Rs.4,66,903.97 has been obtained against the respondent no.1 by M/s.Jaushna Steels (I) Private Limited. The question whether the said company is a sister concern of the petitioner or not, cannot be gone into in this application. The decree in question is not obtained by the petitioner M/s. J.K.Steel Corporation. Though, an affidavit of Managing Director of M/s.Jaushna Steels (I) Private Limited, has been filed in support of the claim for modification of the order, there is no assignment of decree in favour of the petitioner. It is not the case that the petitioner has filed execution proceeding against the respondent no.1 on the basis of any such assignment. In view of this, the modification is sought for on that ground, cannot be granted. So far as the ground of financial difficulty is concerned, the same was .....4/- 2008caw1825.11.odt 4 available when this Court had passed an order on 20.6.2011. The said ground was not put forth at that time or even if it was put forth forthwith, it is deemed to have been rejected. Shri R.R.Shrivastava, the learned Counsel appearing for the petitioner/ applicant, submits that alternatively the petitioner be permitted to furnish the Bank Guarantee. This is on the same ground of financial difficulty, hence it cannot be accepted. In view of above, this civil application is dismissed. Civil Application (W) No.2163 of 2011 By this application, the extension of time has been sought to comply with the order passed by this Court granting interim relief, subject to the condition of depositing of awarded amount. .....5/- 2008caw1825.11.odt 5 The learned Counsel appearing for the respondent no.1 submits that time can be extended by a further period of four weeks. In view of this, time to deposit the above said amount stands extended, by a further period of four weeks, from today. JUDGE BrWankhede ...../-