Appeal against an order extending time for deposit of decretal amount. Court finds mere negotiations insufficient for extension and reiterates that automatic vacation of stay will occur upon failure to deposit.
Dismissal of the application to extend the time for deposit.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 71 OF 2007
IN
CHAMBER SUMMONS NO. 1526 OF 2006
IN
NOTICE OF MOTION NO. 4108 OF 2006
IN
APPEAL NO. 1074 OF 2005
IN
SUIT NO. 323 OF 1974
The State Trading Corporation of
India Limited. .. Appellant
V/s
Lily Gundevia & Ors. .. Respondents
Mr. R.P. Gurjar i/b Juris Consultus for the Appellant.
Mr.Shaikh i/b Thakordas & Madgaonkar & Co. for the
Respondents.
CORAM : R.M.S. KHANDEPARKAR &
D.G. KARNIK, JJ.
DATE : 15TH MARCH 2007
P.C. :
1. Heard. We are not completely satisfied about
the ground disclosed for delay in depositing the amount
as mere negotiations were going on between the parties
cannot be a ground to assume that the court would
essentially extend the period for depositing the amount
which was fixed under its order. To give an opportunity
to the Appellant, we are extending the time to deposit
the decretal amount along with the costs till 23rd March
2007, failing which the stay shall automatically stand
- 2 -
vacated without being referred to the court. Stay to
the execution of the decree, subject to above
observation.
2. Chamber summons stands disposed of accordingly.
(R.M.S. KHANDEPARKAR, J.)
(D.G. KARNIK, J.
1 issue framed by the court
Whether mere negotiations between parties can justify extension of the fixed period for depositing the decretal amount.
The State Trading Corporation of India Limited.
Lily Gundevia & Ors.
R.M.S. KHANDEPARKAR
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court