Allowed

Maharashtra State Textile Corporation Ltd., Mumbai v. Kishor S/O Gopichand Rai

Bombay HC20 Feb 2015CAF/3092/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench heard a Civil Application for stay on the execution of a decree challenged in an appeal. The court confirmed earlier ad-interim protection on the condition that the appellant furnishes solvent surety and provides an undertaking to keep property intact pending the appeal.

What did the court decide?

Stay on execution of decree confirmed on条件是提供足额担保及承诺在上诉期间保留部分财产不变；允许提交私人案卷并申请提前听证。

Maharashtra State Textile Corporation Ltd… — Civil Procedure and Limitation | Bombay HC (2015)

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20.02.caf.3092.14.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CIVIL APPLICATION (F) NO. 3092/2014 IN

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FIRST APPEAL NO.927/2014 (Masharashtra State Textile Corporation vs. Kishore Gopichand Rai)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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Mr. Sunil Manohar, Advocate General of Maharashtra Mr V.H.Kedar, Adv.for respondent

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CORAM : B.R.GAVAI & Mrs. MRIDULA BHATKAR, JJ. DATED : 20^th February, 2015.

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Heard.

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This is an application for stay to the execution of the decree which is challenged in the present Appeal.

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Mr.Sunil Manohar, learned Advocate General appearing on behalf of the appellant submits that in addition to providing solvent surety in the tune of the decree under challenge, the appellant is willing to file an undertaking through an authorized Officer that the appellant-Corporation would keep some property of the appellant intact during pendency of the Appeal, so that the execution of the decree is not frustrated.

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In that view of the matter, ad-interim protection granted earlier is confirmed, on the condition that the appellant furnishes the solvent surety in the

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20.02.caf.3092.14.

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tune of the amount decreed by the learned trial Court and also an undertaking to the effect that during pendency of the Appeal, the appellant shall take some property of the appellant intact which will be sufficient to meet the amount decreed by the learned trial Court.

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The appellant is granted liberty to file private paper-book and apply for early hearing, after filing of the private paper-book.

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Civil Application is allowed in the aforesaid

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terms.

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JUDGEJUDGE

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sahare

Maharashtra State Textile Corporation Ltd., Mumbai v. Kishor S/O Gopichand Rai

Case brief

What is this about?

What did the court decide?

Maharashtra State Textile Corporation Ltd., Mumbai v. Kishor S/O Gopichand Rai

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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