Allowed

M/S Dashmesh Road Construction Company Pvt. Ltd., through Director, Bhagwat S/O N. Chaudhary and 1 v. Gurugovindsingh Construction Company Pvt.Ltd., through Its Director, Gurucharansingh M. Chabra and

Bombay HC30 Mar 2015CAF/65/2015

Case brief

AI extract

What is this about?

In an execution petition involving a money decree, the Court directed the appellant to deposit 75% of the decree amount and provide a bank guarantee for the remaining 25% to secure stay on execution.

What did the court decide?

Stay granted on execution of judgment and decree subject to deposit of 75% of the decretal amount and furnishing of a bank guarantee for the remaining 25%.

M/S Dashmesh Road Construction Company Pvt. Ltd… — Execution and Attachment | Bombay HC (2015)

3003caf66.15

Order

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

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C.A.F.NO. 65 & 66/2015 IN F.A.NO. 47/2015.

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M/s. Dashmesh Road Construction Co. Pvt. Ltd. And another.

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VERSUS-

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Gurugovindsingh Construction Co. Pvt. Ltd.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

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DATE : MARCH 30, 2015.

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Heard Shri Rajendra Raghuwanshi with

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Shri B.N. Jaipurkar, learned counsel for the

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applicant/appellant and Shri J.B. Gandhi, learned Counsel for the respondents.

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Perused copy of memorandum of understanding shown to this Court as also the impugned judgment and decree.

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There is some inconsistency in the

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notice and document listed in Annexure-I with the

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Order

said memorandum. However, the plaintiff apart from challenging Annexure-I, as appended to memorandum, has not assisted the trial Court in any way in finding out the correct documents.

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In this situation, considering the fact that the decree is a money decree, we direct the appellant/applicant to deposit 75% of the same with the Registry of this Court within a period of eight weeks from today. A Bank Guarantee for remaining 25% shall also be submitted on usual terms to the Registry of this Court within a period of 12 weeks. The said Bank Guarantee shall contain a stipulation that it shall remain valid till it is discharged by this Court.

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Till this Court passes further orders on any application for withdrawal, the amount received shall be invested in a fixed deposit initially for a period of 90 days.

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This order shall be looked into while considering the request for withdrawal, if any, made by the respondents.

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Subject to this, there shall be stay to

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Order

the execution of the impugned judgment and decree.

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Civil Applications are accordingly

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disposed of.

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JUDGE JUDGE

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Rgd.

M/S Dashmesh Road Construction Company Pvt. Ltd., through Director, Bhagwat S/O N. Chaudhary and 1 v. Gurugovindsingh Construction Company Pvt.Ltd., through Its Director, Gurucharansingh M. Chabra and

Case brief

What is this about?

What did the court decide?

M/S Dashmesh Road Construction Company Pvt. Ltd., through Director, Bhagwat S/O N. Chaudhary and 1 v. Gurugovindsingh Construction Company Pvt.Ltd., through Its Director, Gurucharansingh M. Chabra and

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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