BEFORE THE HON’BLE CIVIL JUDGE (SENIOR DIVISION), AT

GANDHINAGAR

Regular Civil Suit No. 22 of 2020

Wada Arun Asbestos Private Limited …Plaintiff

Versus
Gujarat Water Supply and Sewage Board and Ors. …Defendants

UNDERTAKING
I, Sunil Shiralkar, Manager of the Plaintiff Company herein, aged __ years,
Occupation: Service, having office at New Bharat Building, Ghorupdeo Cross
Road-1, off. Ramdev Bhogle Road, Byculla, Mumbai- 400033 do solemnly
affirm and state as under:

1. I am the Manager of the Appellant company. I am conversant with the

facts of the case and am competent to file this undertaking.

2. I state that the Principal Senior Civil Judge (Commercial Court),

Gandhinagar vide Judgment and Decree dated 31.01.2020 below Exhibit
110 in Regular Civil Suit No.22 of 2020 directed Defendant No. 1 to pay
to the Plaintiff an amount of Rs.15,07,488/- along with pre-suit interest at
23% with annual rests while holding that the interest rate applicable from
the date of deposit of amount of Rs. 15,50,000/- by the Defendant No.1
shall be as per fixed deposit rate on the deposit amount.

3. I state that the Plaintiff has challenged the aforesaid judgment and decree
dated 31.01.2020 passed by the Principal Senior Civil Judge (Commercial
Court), Gandhinagar below Exhibit 110 in Regular Civil Suit No.22 of
2020 in Regular Civil Appeal No.21 of 2021 in the District and Sessions
Court at Gandhinagar. The challenge is limited to the denial of interest at
specific statutory rate. The First Appeal is pending. I state that the
Defendant/s have not challenged the aforesaid Judgment and Decree dated
 31.01.2020. The Defendant/s have not made an application seeking a stay
on withdrawal of the deposit amount of Rs.15,50,000/-. I state that the
Plaintiff is not in receipt of any notice from the Defendant/s.

4. In these circumstances, the Defendant/s have no objection to withdrawal

of the deposit amount by the Plaintiff. I state that in case of a dispute in
the future, the Plaintiff Company undertakes to abide by the decision of
the High Court/Supreme Court with respect to the amount awarded. I state
that the Plaintiff Company undertakes to deposit the amount withdrawn
with the Court in accordance with such decision. I state that the
undertaking is binding on the successors and assigns of the Plaintiff
Company.

Date:
Place: Mumbai __________________