Partly allowed

The State of Maharashtra v. Vishwanath Raju Yadav

Bombay HC11 Jan 2007CAF/6373/2005

Case brief

AI extract

What is this about?

The single judge disposed of multiple civil appeals seeking a stay on the execution of a money decree award. The court held that unconditional stay cannot be granted but allowed stay on deposit of the due amount with adequate security.

What did the court decide?

Interim stay on execution of impugned award granted subject to deposit of entire amount due within twelve weeks and furnishing of adequate security.

The State of Maharashtra Vs Vishwanath Raju Yadav — Execution and Attachment | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

CIVIL APPELLATE JURISDICTION.

¶3

CIVIL APPLICATION NO.6373 of 2005 IN F.A.NO.2842/2006
CIVIL APPLICATION NO.6374 OF 2005 IN F.A.NO.2843/2006
CIVIL APPLICATION NO.6405 OF 2005 IN F.A.NO.2844/2006
CIVIL APPLICATION NO.6375 OF 2005 IN F.A.NO.2845/2006
CIVIL APPLICATION NO.6377 OF 2005 IN F.A.NO.2846/2006
CIVIL APPLICATION NO.6381 OF 2005 IN F.A.NO.2847/2006
CIVIL APPLICATION NO.6389 OF 2005 IN F.A.NO.2848/2006.
CIVIL APPLICATION NO.6409 OF 2005 IN F.A.NO.2849/2006.

¶4

AND

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CIVIL APPLICATION NO.6386 OF 2005 IN F.A.NO.2850/2006

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 -----------------------------------------------------------------
 Office notes, office
 memoranda of Coram,
 appearances, Court’sCourt’s or Judge’s orders.
 orders or directions
 and Registrar’s orders.

¶7

 -----------------------------------------------------------------

¶8

Mrs.G.P.Mulekar, A.G.P.for the Appellant in
C.A.Nos.6373/05, 6374/05, 6405/05, 6375/05 and
6377/05.

¶9

Shri Y.M.Nakhwa, A.G.P. for the Appellant in
F.A.Nos.6381/05, 6389/05, 6409/05 and 6386/05.

¶10

Shri Milind Deshmukh for the Respondents.

¶11

CORAM : ABHAY S.OKA, J.

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DATED : 11th January, 2007.

¶13

P.C.:

¶14

1.Rule. Shri Deshmukh appearing for the
Respondents waive service. Taken up for hearing
forthwith.

¶15

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

¶16

: 2 :

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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 Appeals 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 stipulated time, the interim
stay granted will stand forthwith vacated without
further reference to the Court.

¶18

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.

¶19

5.Civil Application is disposed of in above
terms.

¶20

Judge.

The State of Maharashtra v. Vishwanath Raju Yadav

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Vishwanath Raju Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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