The Court disposed of a Civil Application seeking modification of an order. It extended the time for deposit of decretal amount but required 50% immediate deposit, stripping permission to withdraw recovered funds.
Time extended for deposit subject to 50% immediate deposit and prohibition on withdrawing recovered funds.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.3442 OF 2007
IN
CIVIL APPLICATIONNO.5514 OF 2006
IN
FIRST APPEAL NO.3173 OF 2006
Ajay Babulal Shah
...Applicant
Versus
Shri Mahadev Balakrishna Kakade & Ors. ...Respondents
Shri Uday Warunjikar for the Applicant.
Shri Umesh Mankapure for the Respondent Nos.1a to 1f.
CORAM : ABHAY S.OKA, J.
DATED : AUGUST 29, 2007.
P.C.:
1.As the prayer in this Application is for
modification of order dated 15th January, 2007, this
Application is placed before this Court. The first
prayer is for modification of the order by permitting
the Applicant to submit a surety and/or security for the
decretal amount instead of depositing the decretal
amount. No case is made out to make such a
modification.
2.It is stated that in execution proceedings, a
sum of Rs.50,000/- has been recovered from the Applicant
by the original Plaintiffs. Considering the facts and
circumstances of the case, the time granted by this
Court to deposit the amount can be extended subject to
... 2 ...
the Applicant complying with certain conditions.
3.Hence, time granted by this Court by order dated
15th January, 2007 to deposit the decretal amount is
extended till 30th November, 2007 subject to condition
that the Applicant will deposit 50% of the decretal
amount payable as of today within a period of six weeks
from today. It is made clear that no further extension
will be granted. The returnable date of the Civil
Application No.5514 of 2006 is now fixed as 04th
December, 2007. Till returnable date, the original
Plaintiff will not be permitted to withdraw the amount.
Civil Application is disposed of in above terms. No
orders as to costs.
JUDGE
1 issue framed by the court
Whether the time granted to deposit the decretal amount should be extended subject to conditions.
Ajay Babulal Shah
Shri Mahadev Balakrishna Kakade & Ors.
ABHAY S OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court