Disposed

Transport Corporation of India Ltd. v. Jindal Iron and Steel Co.Ltd. and Anr.

Bombay HC24 Jul 2006FA/2329/2005

Case brief

AI extract

What is this about?

This court, on appeal, addressed the compliance with Order XLI Rule 1 sub-rule 3 CPC regarding a money decree. Directing the appellant to deposit the decretal amount in the trial court within four months, the court mandated that the funds be invested in a fixed deposit in a nationalised bank pending further orders.

What did the court decide?

Appellant directed to deposit decretal amount in Trial Court within four months; funds to be invested in fixed deposit in nationalised bank.

Transport Corporation of India Ltd. Vs Jindal Iron… — Execution and Attachment | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO.2329 OF 2005

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 Transport Corporation of India Ltd....Appellant

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vs.

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Jindal Iron & Steel Co.Ltd. & Anr....Respondents

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Mr.Panikar i/b Mr.Ajay Panicker for the Appellant

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 Ms Mansi Joshi i/b Mr.Sampal for Respondent No.2.

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CORAM: A.S.OKA,J.
DATE : JANUARY 25,2007.

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P.C.:

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 1.Heard Advocate for the Appellant. Clause 4 of the

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 order dated 24th July 2006 reads thus :

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"4. Issue notice to the Appellant calling upon the Appellant to show cause as to why power under sub

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Rule 3 of Rule of Order XLI of the Code of Civil Procedure, 1908 should not be exercised by

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directing the Appellant to deposit entire decretal

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amount. Notice is made returnable on 29th August

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2006. The Advocate for the Appellant waives service of the said notice."

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 2. Till today no reply has been filed to the show cause

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 notice. The impugned decree is a money decree and therefore,

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 compliance has to be made with sub rule 3 of Rule 1 of Order

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 XLI of the said Code unless sufficient cause is shown for

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 making a departure from the rule. No reply has been filed by
 the Appellant. The Appellant is directed to deposit the

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 decretal amount in the Trial Court within a period of four
 months from today. If the decretal amount is deposited with
 the Trial Court, the Trial Court will invest the same in fixed
 deposit in any nationalised bank till further orders are
 passed by this court.

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JUDGE

Transport Corporation of India Ltd. v. Jindal Iron and Steel Co.Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Transport Corporation of India Ltd. v. Jindal Iron and Steel Co.Ltd. and Anr.

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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