The high court disposed of an appeal in admiralty proceedings concerning the enforcement of a decree. The appellant sought a temporary stay to execute remedies pending the result of a separate appeal, which was dismissed.
Allowing the application for protection from enforcement of the single judge's order for six weeks; the appeal being disposed of.
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APPL876-8.4
1/1
PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (LODG.) NO.876 OF 2012 IN
NOTICE OF MOTION NO.2055 OF 2009 IN
SUIT NO.1094 OF 2007
Bipin Ganatra versus
H.K. Taneja and others
..Appellant.
..Respondents.
Mr. Shailesh Shah, Senior Advocate with Mr. Madhur Rai i/b JRT Legal for the Appellant.
Mr. R.A. Dada, Senior Advocate with Mr. P.N. Modi, Senior Advocate and Ms. Manjiri Shah i/b Pamnani & Pamnani for the Respondents.
CORAM : DR.D.Y.CHANDRACHUD, AND A.A. SAYED, JJ.
8 April 2013.
P.C. :
Counsel appearing on behalf of the Appellant states that the impugned order of the Learned Single judge dated 22 November 2012 is consequential to the decree on admission that has been passed under Order 12 Rule 6 of the Code of Civil Procedure and against which a separate appeal has been dismissed today. Counsel appearing on behalf of the Appellant seeks protection for a period of six weeks in order to enable the Appellant to seek recourse to the remedies in appeal. The Learned Single Judge has made the Motion absolute in terms of prayer clauses (b) and (c ) by which the Court Receiver has been directed to take physical possession of the premises and to handover possession to the Respondent – Plaintiffs. The learned Senior Counsel appearing on behalf of the Respondents states that in order to enable the Appellant to have recourse to the remedies in appeal, the Respondents shall not seek enforcement of the directions as contained in prayer clauses (b) and ( c) for a period of six weeks from today. The Appeal is accordingly disposed of since no other point is pressed.
(Dr. D.Y.Chandrachud, J.)
(A.A. Sayed, J.)
Bipin Ganatra
H.K. Taneja and others
D.Y. Chandrachud
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
