Partly allowed

Kumari Anuj Rajkumar Sood v. Deepakchandra Kawarsundarlal Beri @ D.C.Beri

Bombay HC20 Jul 2006CAS/1010/2005

Case brief

AI extract

What is this about?

The High Court at Bombay, in a Civil Application, decided on the stay of a decree directing the appellant to pay costs. The court granted time for deposit and stayed the decree conditionally pending payment.

What did the court decide?

Decree directing appellant to pay costs stays subject to deposit in lower appellate court within eight weeks; Prayer (b) rejected.

Kumari Anuj Rajkumar Sood Vs Deepakchandra… — Execution and Attachment | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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CIVIL APPLICATION NO.1010 of 2005. IN

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SECOND APPEAL NO. 579 OF 2005.

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Office notes, office memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.

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Court’s or Judge’s orders.

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Shri S.A.Sawant for the Applicant.

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Shri Anil Borkar for the Respondents.

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CORAM : ABHAY S.OKA, J.

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DATED : 20th July, 2006.

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P.C.:

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1.		He	ard the learne	d Counsel app	earing fo	r the
parties.		The	Applicati	on is	taken	o	ut	by	the
Appellant	in	the	Second	Appeal.		The	griev	ance	made
is	that	the	Responde	nts are	execu	ting	that	part	of
the	decree	o	f the	Appellate	Court	by	w	hich	the
Appellant		was	directed	to pay	costs	of	the		Appeal
to them	.	In	my view,	the a	mount	of	costs	will	have

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to be deposited by the Appellant. Sufficient time

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can be granted for deposit of the amount.

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So far as prayer (b) is concerned, the same cannot be granted as the decree passed in favour of the Appellant by the trial Court has been set aside by the 1st Appellate Court. Hence the Application is disposed of by the following order:

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: 2 :

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Decree	directing the	Appe	llant	to pay		costs
will	remain stayed,	subjec	t	to condit	ion	of
the	Appellant deposi	ting	the	amount	of	costs
in	the lower Appe	llate	Cour	t within	a	period
of	eight weeks from	today	.	If the	amou	nt is
deposited	, the same	will	be	invested	in	a
fixed	deposit with	any	nati	onalised	bank	till
final dis	posal of the Second Appeal.	Prayer
(b) of the	application is rejected.

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Judge.

Kumari Anuj Rajkumar Sood v. Deepakchandra Kawarsundarlal Beri @ D.C.Beri

Case brief

What is this about?

What did the court decide?

Kumari Anuj Rajkumar Sood v. Deepakchandra Kawarsundarlal Beri @ D.C.Beri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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