A Review Took Back One Sentence, And With It The Money
A direction remitting a deposit to one side has been recalled, with an undertaking that the sum already released will come back if the appeal succeeds.
The review was allowed in part: the direction remitting the amount to the respondent's account was recalled and the sentence deleted from the earlier judgment. Because the enhanced rent already released cannot be unscrambled, the respondent must file an undertaking within a week to deposit that amount back into the Registry if the appellant ultimately succeeds in the second appeal.
- A review can delete a direction, and the Court did so by quoting the sentence removed.
- What has already gone out is secured by undertaking, not clawed back immediately.
- The larger deposit stays put — the respondent undertook not to withdraw it pending the appeal.
- One week to file the undertaking, signed by a duly authorised person.
- Court
- High Court of Bombay at Goa
- Citation
- Civil Application (Review) No. 17 of 2026 in Second Appeal No. 7 of 2013
- Case
- Civil Application (Review) No. 17 of 2026 in Second Appeal No. 7 of 2013
- Decided
- 28 August 2026
- Outcome
- Review allowed in part; direction recalled and undertaking required
What was recalled
The direction that the amount lying to the credit of the respondent stand remitted to the applicant's account was recalled, and the sentence in the operative part of the earlier judgment directing that remittance was deleted.
What secures the money in the meantime
On instructions, senior counsel for the respondents submitted during the hearing that the respondent would not withdraw the deposit of Rs 5 lakh per month made from January 2020 to January 2026, and until disposal of the appeal, unless an appropriate application setting out reasons is filed.
The enhanced rent of Rs 25,000 per month, which was lying in the Registry, had already been released to the respondent's account. For that amount the respondent must file an undertaking, signed by a duly authorised person, to deposit it back into the Registry if the appellant ultimately succeeds in the second appeal.
The undertaking is to be given within a week.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a review delete part of a judgment?
Yes. Here the direction remitting the amount was recalled and the sentence deleted from the operative part.
What happens to money already released?
It is secured by an undertaking to redeposit it if the appellant succeeds in the appeal.
Seeking review of a direction that released money
- Identify the exact sentence to be recalled and quote it in the application; that is what the order deletes.
- Where the money has already moved, ask for an undertaking rather than immediate restitution — it is likelier to be granted.
- Get any assurance about the larger deposit recorded in the order, not left in submissions.
- Fix a short deadline for the undertaking so it does not drift.
Source. High Court of Bombay at Goa, Civil Application (Review) No. 17 of 2026 in Second Appeal No. 7 of 2013, decided 28 August 2026 by . This explainer is written from the judgment text as reported.
Claw tracks High Court of Bombay at Goa and 24 other High Courts, reads every order handed back, and surfaces the directions that carry a deadline. clawlaw.in