The bench dismissed a notice of motion seeking stay of execution proceedings. The court found that the proposed procedure to condone delay in filing the notice was not contemplated, viewing it as a method to stall proceedings. The appellant's claim as a trustee was rejected.
Notices of motion seeking stay of execution were dismissed.
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NMA 626-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 626 OF 2015 IN APPEAL NO. 698 OF 2014 IN SUMMARY SUIT NO. 1354 OF 2010
Alan C.W. Tang V/s Jayesh Patel & Anr.
.. Appellant
.. Respondents
WITH NOTICE OF MOTION (L) NO. 2908 OF 2014 IN APPEAL NO. 698 OF 2014 IN
SUMMARY SUIT NO. 1354 OF 2010
Alan C.W. Tang V/s Jayesh Patel & Anr.
.. Appellant
.. Respondents
Mr. A.K. Padhi i/b Padhy & Co. for the appellant.
Ms. Mansha Khemka with Ms. Shipraa Tanna and Ms. Bhagyashree Upadhyay i/b Khemka & Associates for respondent no.2 (ori. Defendant).
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 20th OCTOBER 2016
1 of 2
ABS
NMA 626-2015
P.C.:
We have gone through the notices of motion. According to us, one of the notices of motion is for stay of the execution proceedings and the question of condoning the delay in filing the notice of motion is not a procedure contemplated to the best of our knowledge. However, it could be a method to stall the execution proceedings before the lower Court. If the appellant's contention that he is a trustee to recover the money from the defendant who was declared bankrupt on account of insolvency proceedings in Honk Kong, we fail to understand why the appellant wants the stay of the execution proceedings. If by virtue of any order which is binding on both the parties, i.e. plaintiff and defendant, who are now decree holder and judgment debtor, the appellant is at liberty to approach the executing Court as an objector and seek relief as an independent party if he is entitled to any relief. Therefore, the notices of motion are dismissed.
(M.S. SONAK, J.) CHIEF JUSTICE
2 of 2
ABS
Alan C.W. Tang
Jayesh Patel & Anr.
Dr. Manjula Chellur
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
