Disposed

The State of Maharashtra v. M/S. N.C. Chavan Construction Co.

Bombay HC17 Jan 2011CAF/765/2010

Case brief

AI extract

What is this about?

The single-judge High Court held that unconditional stay cannot be granted on a money decree. An interim stay was granted only upon depositing the entire decree amount within 12 weeks, subject to conditions regarding withdrawal and security furnishing before the Trial Court.

What did the court decide?

Interim stay of execution granted conditionally upon deposit of entire decree amount within 12 weeks with the Trial Court.

The State of Maharashtra Vs M/S. N.C. Chavan… — Execution and Attachment | Bombay HC (2011)

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Caf-765.10

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Ash

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 765 OF 2010

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FIRST APPEAL NO. 350 OF 2010

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

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Court’s or Judge’s orders.

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Shri A.R. Patil, AGP for the Applicant. Shri R.A. Thorat for the Respondent.

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CORAM : A.S.OKA, J. DATE : 17^th JANUARY, 2011

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P.C.:

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. Heard learned A.G.P for the State and the learned Advocate for the Respondent.

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The impugned Judgment and Decree is a money decree. Hence, unconditional stay cannot be granted.

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The execution and operation of the impugned Judgment and Decree 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 Decree with the Trial Court within a period of twelve weeks from today. If the deposit of entire amount is not made

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Caf-765.10

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within stipulated period, the interim stay granted will stand forthwith vacated without further reference to the court.

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If the amount as aforesaid is deposited, the Respondent will be permitted to withdraw the said amount subject to furnishing adequate security for the said amount to the satisfaction of the Trial Court. The Trial Court will hear the Applicant before accepting the security.

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Civil Application is disposed of in above terms.

The State of Maharashtra v. M/S. N.C. Chavan Construction Co.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. M/S. N.C. Chavan Construction Co.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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