Partly allowed

The State of Maharashtra v. Bapurao Rangnath Umbare

Bombay HC18 Jan 2011CAF/1460/2009

Case brief

AI extract

What is this about?

In a civil application regarding a money decree, the High Court held that unconditional stay is not permissible. It granted a conditional stay of execution requiring the appellant to deposit the entire awarded amount within twelve weeks, failure of which would vacate the stay.

What did the court decide?

Stay of execution of the impugned award granted conditionally upon deposit of the entire amount due within twelve weeks.

The State of Maharashtra Vs Bapurao Rangnath… — Civil Procedure and Limitation | Bombay HC (2011)

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caf1460

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ssp

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 CIVIL APPLICATION NO.1460 OF 2009 IN

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 FIRST APPEAL NO.1217 OF 2010

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 .............................................................
 Office Notes,Office
 memorandum of Coram,
 appearances,Court's Court's or
 orders or directions Judge's orders
 & Registrar's orders.

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 .............................................................
 Mr.R.A.Patil, A.G.P for the Applicant
 None for the respondent

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 CORAM: A.S.OKA,J.

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 DATE : JANUARY 18,2011

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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 shall
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

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caf1460

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from 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 Claimant/s will be
permitted to withdraw the said amount
subject to furnishing adequate

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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 Respondent/s 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. Bapurao Rangnath Umbare

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Bapurao Rangnath Umbare

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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