Idbi Bank LTD Thru Officer vs. Marigold Manufactures LTD
Held
The High Court maintained the lower court's direction for the bank to deposit the outstanding amounts but allowed the respondent (landlord) to withdraw a lesser amount (Rs. 9,80,197.69 per month plus taxes). The court extended the time for deposit by four weeks and left the core dispute regarding the actual area and corresponding liability for the trial court to decide.
Facts
IDBI Bank Ltd. (Petitioner) challenged a lower court order directing it to deposit arrears of license fees/occupation charges, including GST, for premises it occupied. The bank disputed the amount, claiming the actual occupied area was less than stated in the Leave and Licence Agreement, and had been paying a lower rental.
Key Issues
The key legal issue was whether the Petitioner-Bank was liable to deposit license fees/occupation charges, including GST, based on the agreed-upon area or the allegedly smaller actual occupied area, and the validity of the lower court's interim deposit order.
Sections Cited
None
AI-generated summary — verify with the full judgment below
Gitalaxmi 902-WP-11653-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11653 OF 2026 IDBI BANK LTD. THROUGH ITS AUTHORIZED OFFICER MR. DAYANAND ILAKE ...PETITIONER Versus MARIGOLD MANUFACTURES LTD. ...RESPONDENT Mr. Girin N. Pandit, learned counsel for the Petitioner. Mr. Surendra R. Yadav, learned counsel for the Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 11th SEPTEMBER, 2026. Per Court :
Heard learned counsel appearing for the parties.
The learned Trial Court has directed the Petitioner to deposit rentals in terms of the application made under Order 15(A) of the Civil Procedure Code, 1908, as computed in paragraph 57 at page 68 of the paper-book, which is noted below :- “57. In view of above all discussions, I am therefore, of the view that, regardless of the facts, this is a fit case to exercise jurisdiction to pass an order for deposit of arrears of license 11th SEPTEMBER, 2026
Gitalaxmi
The judgment continues below.
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