The judgment grants a stay on the operation of a judgment, conditional upon depositing the decretal amount within 12 weeks, and permits original claimants to apply for its withdrawal, resulting in the disposal of the civil application.
Stay on judgment operation subject to deposit; right granted to original claimants to apply for withdrawal.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2637 of 1999
IN
FIRST APPEAL NO. 2252 OF 2007
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Office Notes, Office Memoranda
of Coram, appearances, Court’s
Orders or directions and
Registrar’s OrdersCourt’s or Judge’s Orders
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Ms. P.H.Kantharia for the State.
CORAM : ANOOP V. MOHTA,J.
DATED : 9th October, 2007.
P.C.
1. Considering the averments made, the
effect and operation of the judgment is
stayed subject to depositing the total
decretal amount within 12 weeks.
2. The respondents- original claimants,
if any, are entitled to apply for the
withdrawal of the same.
3. The Civil Application is disposed
of, accordingly.
[ANOOP V. MOHTA, J.]
3 issues framed by the court
Whether the stay on the operation of the judgment can be modified by depositing the decretal amount within a specific time limit.
Whether original claimants retain the right to apply for the withdrawal of the stay.
The manner of disposing of the civil application.
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court