High Court of Judicature at Bombay disposed of a civil application regarding an impugned money decree. Stay of execution conditioned upon deposit and security.
Stay of execution stayed subject to deposit of entire amount due within twelve weeks and furnishing of adequate security to the Reference Court.
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 FARAD CONTINUNATION SHEET
CIVIL APPLICATION NO.136 OF 2007
IN
FIRST APPEAL NO.69 OF 2007
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’sCourt’s or
orders or directionsJudge’s orders
& Registrar’s orders.
.............................................................
Mr.A.R.Patil for the Applicant
CORAM: A.S.OKA, J.
DATE : JANUARY 22,2007.
P.C.:
1. Heard learned A.G.P for the State.
2. The impugned Judgment and Award is in
the nature of a money decree. Hence,
unconditional stay cannot be granted.
3. The execution and operation of the
impugned Judgment and Award will remain
stayed till the final disposal of the
First Appeal subject to condition of the
Applicant depositing the entire amount due
and payable as per the impugned Award with
the Reference Court within a period of
twelve weeks from today. If the deposit
of entire amount is not made within
-2-
stipulated period, the interim stay
granted will stand forthwith vacated
without further reference to the court.
4. If the amount as aforesaid is
deposited, the Claimant will be permitted
to withdraw the said amount subject to
furnishing adequate security for the said
amount to the satisfaction of the
Reference Court. The Reference Court will
hear the Applicant before accepting the
security.
5. Civil Application is disposed of in
above terms.
6. Liberty to the Respondent to apply for
modification of this order as the same is
passed without issuing notice of this
Application.
JUDGE
Applicant
Respondent
A.S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court