Allowed

Mr. Girdharlal Nathubhai Dalal v. Mr. Bharat Kantilal Dalal

Bombay HC6 Mar 2018NMA/1052/2016

Case brief

AI extract

What is this about?

In two connected notices of motion filed in execution proceedings arising from an arbitration award, the appeals against an impugned order were admitted. The court stayed the operation of the impugned order dated 18 December 2014 pending the hearing and final disposal of the appeals.

What did the court decide?

Stayed the operation of the impugned order dated 18/12/2014 pending the hearing and final disposal of the appeals.

Mr. Girdharlal Nathubhai Dalal Vs Mr. Bharat… — Execution and Attachment | Bombay HC (2018)

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901-nma 1053-16 @ 902-nma 1052-16

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psv

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.1053 OF 2016

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APPEAL NO.320 OF 2015 IN

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CHAMBER SUMMONS NO.243 OF 2014

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EXECUTION APPLICATION (L.) NO.1036 OF 2013 IN

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ARBITRATION AWARD DATED 12^th JULY 2010

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Chetan Surendra Dalal ...Applicant In the matter between

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Chetan Surendra Dalal ...Appellant

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Vs.

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Mr.Bharat Kantilal Dalal & Ors. ...Respondents

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WITH

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NOTICE OF MOTION NO.1052 OF 2016 IN

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APPEAL NO.372 OF 2015

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Chetan Surendra Dalal ...Applicant Vs.

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Mr.Bharat Kantilal Dalal & Ors. ...Respondents

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Mr.Haresh Jagtiani, Senior Advocate, with Mr.Yashpal Jain, Ms.Vandana Mehta, Mr.Ryan Mendes, Ms.Dhruti Chheda i/b Yashpal Jain for Appellant.

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Mr.Karl Jamboly with Mr.Hormuz Mehta, Mr.Yohaan Limathwalla, Mr.Jehangiri Vakil i/b. J.Sagar Associates for Respondent No.1.

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CORAM : NARESH H. PATIL AND G.S. KULKARNI, JJ.

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DATE : 6^th MARCH 2018

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P.C.:

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Applicant to carry out amendment as per orders dated 14^th August 2017 and 26^th February 2018.

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We have heard the learned Senior Counsel for the

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applicant and the learned counsel for the respondent.

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Considering the grounds of appeal and the submissions advanced, we have admitted the appeals. The learned Senior Counsel prays for interim relief as execution proceedings are already initiated by the respondent. It is submitted that if the execution proceedings are allowed to be proceeded with, then the purpose of filing of appeals will get frustrated.

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We are prima facie convinced that pending hearing and final disposal of the appeals, operation of the impugned order dated 18/12/2014 is required to be stayed and suspended.

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O R D E R

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Pending the hearing and final disposal of the appeals, operation of the impugned order dated 18^th December 2014 is stayed.

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Both Notices of Motion are allowed accordingly.

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[G.S. KULKARNI, J.] [NARESH H. PATIL, J.]

Mr. Girdharlal Nathubhai Dalal v. Mr. Bharat Kantilal Dalal

Case brief

What is this about?

What did the court decide?

Mr. Girdharlal Nathubhai Dalal v. Mr. Bharat Kantilal Dalal

Case brief

What is this about?

What did the court decide?

What the court decided

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