Dismissed

The State of Maharashtra v. Ramarao Changdev Bhosale and Anr.

Bombay HC10 Jan 2007CAF/668/2006

Case brief

AI extract

What is this about?

The court held that an impugned money decree cannot be stayed unconditionally. Execution is stayed only if the applicant deposits the entire awarded amount with the Reference Court within twelve weeks; otherwise, the stay is automatically vacated.

What did the court decide?

Stay of execution stayed subject to deposit of entire Award amount with Reference Court within 12 weeks; withdrawal permitted on furnishing security.

The State of Maharashtra Vs Ramarao Changdev Bhosale… — Execution and Attachment | Bombay HC (2007)

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 ... 1 ...

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.668 OF 2006

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 IN
 FIRST APPEAL NO.2398 OF 2006

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 ...........................................................
 OFFICE NOTES, OFFICE
 MEMORANDUM OF CORAM,
 APPEARANCES, COURT’S COURT’S OR JUDGES
 ORDERS OR DIRECTIONS ORDERS
 AND REGISTRAR’S ORDERS

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 ...........................................................
 Mrs G.P.Mulekar, A.G.P for the State.
 Shri K.J.Kandpile for the Respondents.

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CORAM : A. S. OKA, J.
 DATE : JANUARY 10, 2007.
P.C.:

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 1. Rule. Advocate for the Respondents
 waives service.

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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

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 ... 2 ...

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 Court within a period of twelve weeks from

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 today. If the deposit of entire amount is
 not made within 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

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 Court. The Reference Court will hear the

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 Applicant before accepting the security.

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 5. Civil Application is disposed of in

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 above terms.

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JUDGE

The State of Maharashtra v. Ramarao Changdev Bhosale and Anr.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Ramarao Changdev Bhosale and Anr.

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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