1 caf1223.4533.3759.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4533 OF 2009 IN FIRST APPEAL NO. 1769 OF 2009 The Abhyudaya Co-op.Bank Ltd. ..Applicant. v/s. Mr.Vishal S. Agarwal & ors. ..Respondents. WITH CIVIL APPLICATION NO. 1223 OF 2010 IN FIRST APPEAL NO. 1791 OF 2009 Dineshbhai G. Patel. ..Applicant. v/s. Mr.Vishal S. Agarwal & ors. ..Respondents. WITH CIVIL APPLICATION NO. 3759 OF 2009 IN FIRST APPEAL NO. 247 OF 2010 Rajkumar M. Khattar(deceased) through Lrs. ..Applicant. v/s. 2 caf1223.4533.3759.sxw Mr.Vishal S. Agarwal & ors. ..Respondents. Mr. C.J.Sawant with Mr. V.C.Ghosalkar for appellant in FA 1769/09 and for Respondent Nos.4 and 5 in FA 1791/09 & 247/10. Mr. Kishor Patil i/b. Mr. P.N.Joshi for Respondent No.1 in all the appeals. Mr. J.S.Kini with Mr. Suresh Dubey for Respondent No.3 in FA 1769/09 & 1791/09 and for appellant in FA 247/10. Mr. R.S.Apte with Mr. N.R.Bubna for Respondent No.4 in FA 1769/09 and for appellant in FA 1791/09 and for Respondent No.3 in FA 247/10. Mr. P.P.Chavan i/b. Navdeep Vora & Asso. For Respondent No.6 in all appeals. CORAM:- A.M.KHANWILKAR & A.A.SAYED, JJ DATED :- AUGUST 11, 2010. P.C. 1. After hearing Counsel for the parties for some time, in deference to the observations made by the Court, the parties have agreed for the following arrangement. The interim arrangement shall operate during the pendency of the three appeals. (i) The Defendant Nos. 2 and 3 who are partners of Defendant No. 1 partnership firm undertake to hand over possession of the suit 3 caf1223.4533.3759.sxw property to the Plaintiff forthwith. (ii) The Plaintiff in turn shall file an affidavit of undertaking to the effect that in the event, the appeal preferred by the Defendant Nos. 2 and 3 succeeds, he would put back the said Defendants in possession of the suit property within one week from the date of direction to be so issued by the Court at the appropriate stage. Besides, the Plaintiff shall compensate the Defendant Nos.1 to 3 by way of compensation at the rate of Rs.40,000/- per month with effect from the date of putting them in possession till they return back possession of the suit property to the Defendant Nos. 1 to 3, if so ordered. (iii) The question regarding liability of Defendant Nos. 1 to 3 to pay compensation at the rate of Rs.40,000/- per month with effect from 1st August, 2002 till handing over possession of the suit property to the Plaintiff in terms of this Order is kept open to be decided in the appeals. Even the question regarding liability of Defendants 1 to 3 to pay interest at the rate of 9% per annum on the amount of Rs.19 Lakhs from 1st August, 2002 till transfer of suit property is effected is kept open to be finally answered while considering the appeals. 4 caf1223.4533.3759.sxw (iv) In view of the arrangement accepted by the Defendant Nos. 1 to 3 and Plaintiff, the Defendant No.4 would stand absolved of any responsibility to pay either compensation or interest in terms of the clauses 6 and 7 of the impugned decree as the said Defendants have already offered the amount to the Plaintiff before filing the suit, even thereafter from time to time, but the same was not availed by the Plaintiff. This arrangement is acceptable to the Plaintiff. (v) It is agreed that the interim arrangement is without prejudice to the rights and contentions of the parties and the execution of the sale deed as ordered in terms of clauses 2 and 3 shall be acted upon by the Plaintiff only after the final decision in the pending appeals before this Court. All questions in the said appeals including the issue regarding liability of Defendant Nos. 1 to 3 or of the Plaintiff arising in terms of this order or in the decree are left open to be decided in the appeals. (vi) In view of the above arrangement accepted by all the contesting parties, no further order is required on the Civil 5 caf1223.4533.3759.sxw application. The same is disposed of. 3. We make it clear that in the event the appeals succeed, question as to whether the Defendants 1 to 3 are liable to reimburse the amount paid by the Plaintiff directly to the bank for release of the suit property being Rs. 14,50,000/- should be condition precedent for returning back possession of the suit property to the Defendant Nos. 1 to 3 alongwith interest on the said amount and at what rate, if any, will be answered at the appropriate stage while deciding the appeals. 4. All the applications are disposed of on the above terms. (A.A.SAYED,J) (A.M.KHANWILKAR, J)