This Notice of Motion sought an order continuing an ad-interim stay on a direction to return original documents pending the outcome of a modification application.
Operative of the stay on returning original documents continued till final disposal of the main appeal.
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nma1579
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1579 OF 2016
IN
APPEAL NO.127 OF 2016
Vidyut C. Shah & Ors. ...Applicant
vs.
Standard Material Agencies & Ors. ...Respondents
Dr.V.Tulzapurkar, Senior Counsel a/w Mr.V. Mannadiar
i/b Mannadiar & Co. for the applicant
Mr.Rohan Cama a/w Mr.G.C.Mohanty i/b Mohanty & Co.
for the respondent Nos.1 and 3 to 10.
P.C.:
1Heard the learned counsel for the applicants
who are the appellants and the learned counsel for
the respondent Nos.1,3 to 10. The learned counsel
for the respondent Nos.1,3 to 10 seeks time on the
ground that the said respondents have taken out a
Notice of Motion for modification of the order dated
14th September 2005 passed by the Division Bench of
this Court in an earlier appeal.
2The present appeal has been admitted for final
hearing and there is already an ad-interim stay
granted of the direction issued against the
appellants to return the original documents. The
said ad-interim relief deserves to be continued as
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interim relief. Based on the order which may be
passed in the Notice of Motion taken out by the
concerned respondents for modification of the order
dated 14th September 2005, the said respondents can
always move this Court for necessary modification of
the interim order subject to objections raised by
the appellants.
3Hence, we dispose of this Notice of Motion by
directing that the operation of the impugned order
to the extent of directing the applicants/appellants
to return the original documents will remain stayed
till the final disposal of the appeal. Notice of
Motion is disposed of.
1 issue framed by the court
Whether the staying of the direction to return original documents should be continued while a Notice of Motion seeks modification of the underlying interim order.
Vidyut C. Shah
Standard Material Agencies
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court