Allowed

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

Bombay HC30 Mar 2015CAF/66/2015

Case brief

AI extract

What is this about?

High Court on civil appeals directed the appellant to deposit 75% of the decretal amount and furnish a bank guarantee for 25% while granting stay on execution of the impugned judgment and decree subject to withdrawal application.

What did the court decide?

Stay on execution of impugned judgment with direction to deposit 75% of decretal amount and bank guarantee for 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 Narayan Chaudhary 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 Narayan Chaudhary 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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