Disposed

The State of Maharashtra v. Mahadeo D. Gawali and Ors.

Bombay HC22 Jan 2007CAF/2202/2004

Case brief

AI extract

What is this about?

Single judge dismissed civil application seeking stay on execution of an impugned judgment and award. Court held unconditional stay cannot be granted on a money decree. Stayed execution conditional on Applicant depositing the entire amount due within twelve weeks and furnishing security.

What did the court decide?

Stayed execution of impugned award conditional on deposit of full amount within twelve weeks and furnishing security.

The State of Maharashtra Vs Mahadeo D. Gawali and Ors. — Execution and Attachment | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUNATION SHEET

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CIVIL APPLICATION NO.2202 OF 2004
IN

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FIRST APPEAL NO.67 OF 2007

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 .............................................................
 Office Notes,Office
 memorandum of Coram,
 appearances,Court’sCourt’s or
 orders or directionsJudge’s orders
 & Registrar’s orders.
 .............................................................
Mr.A.R.Patil, A.G.P. for State

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CORAM: A.S.OKA, J.
DATE : JANUARY 22,2007.

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P.C.:

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1. Heard learned A.G.P for the State.

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2. The impugned Judgment and Award is in
the nature of a money decree. Hence,
unconditional stay cannot be granted.

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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

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stipulated period, the interim stay
granted will stand forthwith vacated
without further reference to the court.

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4. If the amount as aforesaid is
deposited, the Claimants 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.

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5. Civil Application is disposed of in
above terms.

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6. Liberty to the Respondents to apply
for modification of this order as the same
is passed without issuing notice of this
Application.

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JUDGE

The State of Maharashtra v. Mahadeo D. Gawali and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Mahadeo D. Gawali and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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