Partly allowed

Ispl Industries Ltd. v. M/S.Vinod Engineering Works

Bombay HC6 Jun 2011FA/597/2013

Case brief

AI extract

What is this about?

The High Court, on consent of parties and instructions, disposed of an appeal. The court quashed clause (5) of the impugned judgment while confirming others, declared the money decree satisfied, and directed the refund of court fees.

What did the court decide?

Clause (5) of the impugned judgment quashed; decree marked satisfied; appeal partly allowed; refund of court fees allowed.

Ispl Industries Ltd. Vs M/S.Vinod Engineering… — Civil Procedure and Limitation | Bombay HC (2011)

5-fast.27774.07

ndm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL (stamp) NO. 27774 OF 2007

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ISPL Industries Ltd. ... Appellant Versus

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M/s. Vinod Engineering Works. ... Respondent

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Mr. Vineet Naik i/b Mr. S.R.Kulkarni for the Appellant.

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Mr. Anilkumar K. Patil for the Respondent.

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CORAM : A.S.OKA, J. DATE : 06th June, 2011.

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P.C.

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1 Not on board. Taken on board.

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2 Heard the learned counsel appearing for the parties.

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3 The learned counsel appearing for the Appellant states that

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the entire amount payable under the impugned judgment and decree has

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been deposited by the Appellant with the trial Court. The learned counsel

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appearing for the Respondent-plaintiff states that the entire decretal

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amount deposited by the Appellant has been withdrawn by the

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Respondent.

4 The learned counsel appearing for the Appellant on

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instructions states that the Appellant is not pressing the appeal as regards clauses (1) to (3) and (6) of the operative part of the impugned judgment and decree and the Appellant is pressing the appeal confined

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to clause (5) of the operative part of the impugned judgment and decree.

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5 The learned counsel appearing for the Respondent on

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instructions states that the Respondent has no objection if clause (5) of

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the operative part of the impugned judgment and decree is set aside.

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6 In view of the aforesaid statements, by consent of the

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parties, the appeal is disposed of by passing the following order:

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i. Clause (5) of the operative part of the impugned judgment and decree is quashed and set aside ;

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ii. Clauses (1) to (3) and (6) of the operative part of the impugned judgment and decree are confirmed ;

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iii. It is made clear that the money decree stands satisfied and the Court shall accordingly pass a formal order for marking the decree as satisfied ;

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iv. The appeal is partly allowed on above terms with no order as to costs.

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v. The Appellant will be entitled to refund of Court fees, if any, in accordance with the Rules.

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[ A.S.OKA, J ]

Ispl Industries Ltd. v. M/S.Vinod Engineering Works

Case brief

What is this about?

What did the court decide?

Ispl Industries Ltd. v. M/S.Vinod Engineering Works

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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