Allowed

Sagar Ishwardas Chordia v. State of Maharashtra and Anr.

Bombay HC12 Jan 2011CAF/2156/2010

Case brief

AI extract

What is this about?

This small order admits an application seeking interim stay on recovery of royalty and penalty. The High Court grants stay on royalty subject to deposit but requires a bank guarantee for the penalty component, pending a Supreme Court appeal.

What did the court decide?

Interim stay granted on royalty amount subject to deposit, and on penalty amount subject to furnishing a bank guarantee.

Sagar Ishwardas Chordia Vs State of… — Civil Procedure and Limitation | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO.783 OF 2010 IN

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SPECIAL CIVIL SUIT NO.2078 OF 2007

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Sagar Ishwardas Chordia Vs

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State of Maharashtra and others

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..Appellant

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..Respondents

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Mr.Milind Sathe, Senior Counsel a/w.Ms.Rajalakshmy Mohandas and Ms.Prachiti Darda i/b.M/s.ALMT Legal, for appellant. Mr.A.R.Patil, AGP for respondents State.

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CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 12th JANUARY, 2011

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P.C:

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Heard learned Senior Counsel for the appellant.

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2] Admit.

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3] Private Paper Book be filed within eight weeks from today. Learned AGP waives service on behalf of respondents State.

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[R.G.KETKAR, J.]

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[V.C.DAGA, J.]

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2156 OF 2010

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IN FIRST APPEAL NO.783 OF 2010 IN SPECIAL CIVIL SUIT NO.2078 OF 2007

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Sagar Ishwardas Chordia Vs

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State of Maharashtra and others

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..Applicant

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..Respondents

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Mr.Milind Sathe, Senior Counsel a/w.Ms.Rajalakshmy Mohandas and Ms.Prachiti Darda i/b.M/s.ALMT Legal, for applicant. Mr.A.R.Patil, AGP for respondents State.

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CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 12th JANUARY, 2011

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P.C:

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Heard learned Senior Counsel for the applicant.

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2] Perused the application seeking interim stay of the order dated 23rd October, 2007 directing recovery in the sum of Rs.75,24,300/- from the appellant out of which Rs.10,74,900/- represents the recovery on account of Royalty and that Rs.64,49,400/- by way of penalty.

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3] So far as the amount of Royalty is concerned, we grant interim stay, subject to the following conditions:-

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(i) Applicant/appellant to deposit Rs.10,74,900/- in this

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Court.

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(ii) Amount of penalty of Rs.64,49,400/- is concerned, the applicant/appellant to furnish a bank guarantee by way of security of any nationalised bank with a specific clause that the bank guarantee shall be kept renewed from time to time so long as the First Appeal is not decided on its own merits and that in the event of nonrenewal of the bank guarantee, the proceeds thereof shall be remitted to this Court without there being any demand in that behalf.

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4] All the above conditions should be complied within eight weeks from the date of this order.

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5] Civil Application is disposed of in terms of this order with no order as to the costs.

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6] Parties are at liberty to move this Court for final hearing after the decision of the SLP/Appeal pending before the Apex Court wherein the issues involved in this First Appeal are being considered.

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[R.G.KETKAR, J.]

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[V.C.DAGA, J.]

Sagar Ishwardas Chordia v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sagar Ishwardas Chordia v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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