Civil Application disposed by conditionally granting interim relief pending deposition of decretal amount in the Trial Court
Interim stay granted conditionally on deposit of decretal amount; automatic vacation if not deposited within 3 weeks; withdrawal by respondent on bank guarantee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
... 1 ...
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5734 OF 2005
IN
FIRST APPEAL (ST) NO.2233 OF 2005
Pandurang Vitthal Patil Vs. Hindustan Lever Ltd.
...Applicant
...Respondent
Ms Leena Patil i/by Mr P.M. Pradhan for the Applicant.
CORAM : A. S. OKA, J. DATE : JULY 24, 2006.
P.C.:
served. None appears for the Respondent.
following order:
(i) If the entire decretal amount is deposited by the Applicant with the Trial Court within period of three weeks from today, there will be interim relief in terms of prayer clause (a). (ii) If amount is not deposited within the stipulated time, the interim stay granted will stand vacated automatically without reference to the court.
... 2 ...
| (iii) | If | the | amount is dep |
osited | within | the |
|---|---|---|---|---|---|---|
| stipulated | time, the Trial |
Court | will | permit | ||
| the | Resp | ondent to withdraw |
the | same | on | |
| furnishing | bank gu | arantee of any nationalised | ||||
| bank. |
(iv) There will be no orders as to costs.
JUDGE
2 issues framed by the court
whether to grant an order directing deposition of decretal amount for interim stay of execution
whether to condition the stay on filing of a bank guarantee
Pandurang Vitthal Patil
Hindustan Lever Ltd.
A. S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
