Allowed

M.S.E.D. Company Ltd., Thr the Ex. Engineer, (Civil) Civil Construction Cum Maintenance Div. Jalgao v. Daulatmal Nathmal Jain and Ors.

Bombay HC3 Sept 2021CA/900/2020

Case brief

AI extract

What is this about?

The High Court of Bombay Bench at Aurangabad allowed Civil Application No.900/2020 appellant to deposit 71 cheques totaling Rs.7.14 crores towards an interim award condition subsequent to granting of liberty.

What did the court decide?

Appellant permitted to deposit 71 cheques totaling ₹7,14,56,405 by 15.09.2021; impugned award stayed subject to cheque realization.

M.S.E.D. Company Ltd., Thr the Ex. Engineer, (Civil)… — Execution and Attachment | Bombay HC (2021)

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(1)

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932 CA-900.2020 + 1.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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932 CIVIL APPLICATION NO.900 OF 2020

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FIRST APPEAL NO. 268 OF 2021

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WITH CIVIL APPLICATION NO. 901 OF 2020

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FIRST APPEAL NO. 268 OF 2021

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M.S.E.D. COMPANY LTD. THROUGH EXECUTIVE ENGINEER VERSUS DAULATMAL NATHMAL JAIN AND OTHERS

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Mr. A.S. Shelke, Advocate for the applicant. Mr. A.B. Kale, Advocate for respondent Nos. 1 to 5. Mr. S.R. Yadav, A.G.P. for respondent Nos. 6 and 7.

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CORAM : RAVINDRA V. GHUGE AND S.G. MEHARE, JJ.

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DATE : 03-09-2021

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ORDER :

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The learned Counsel for the appellant has received 71 cheques for a total amount of Rs. 7,14,56,405/-. He prays for liberty to deposit the said cheques in this Court. Mr. Kale, the learned Advocate for the claimants submits that though the appellant is depositing the amount beyond the period granted, the claimants would not oppose.

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Interim relief was granted to the appellant on the condition of depositing the amount in this Court. Now that the appellant is depositing 71 cheques for an amount of

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(2)

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932 CA-900.2020 + 1.odt

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Rs.7,14,56,405/-, the Civil Application can be allowed.

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In view of the above, Civil Application No.900/2020 is allowed. The appellant shall deposit 71 cheques as noted above in this Court on or before 15^th September 2021. The impugned award shall stand stayed till the decision in the First Appeal, subject to the realisation of all the cheques.

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In so far as Civil Application No. 901 of 2020 is concerned, the learned Advocate Mr. Kale appears for all the claimants / respondent Nos. 1 to 5. The learned A.G.P. appears for respondent Nos. 6 and 7.

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Let the affidavits in reply be filed in the said Civil Application under Order 41 Rule 27 of the Code of Civil Procedure, on or before 24^th September 2021.

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List the First Appeal and Civil Application No. 901 of 2020 on 27^th September 2021 in the urgent category.

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(S.G. MEHARE, J.)

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(RAVINDRA V. GHUGE, J.)

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VD_Dhirde

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Digitally signed by VIJAY VIJAY DADASAHEB DADASAHEB DHIRDE DHIRDE Date: 2021.09.06 10:26:34 +0530

M.S.E.D. Company Ltd., Thr the Ex. Engineer, (Civil) Civil Construction Cum Maintenance Div. Jalgao v. Daulatmal Nathmal Jain and Ors.

Case brief

What is this about?

What did the court decide?

M.S.E.D. Company Ltd., Thr the Ex. Engineer, (Civil) Civil Construction Cum Maintenance Div. Jalgao v. Daulatmal Nathmal Jain and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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