Appeal from a blanket injunction granted against private defendants in a partition-related suit. On appellants' offer to earmark a commercial gala and furnish a bank guarantee of Rs.1.5 crore, the High Court quashed the impugned injunction and substituted security directions pending suit.
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901 AO-866-2024 C.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2024.12.20 17:20:43 +0530
APPEAL FROM ORDER NO.866 OF 2024 WITH
INTERIM APPLICATION NO.15288 OF 2024
Mr. Valerain Lawrenc Dias And Ors. …Appellants Versus Hareshwar Govind Vartak And Ors. …Respondents
Mr. Vineet Naik, Sr. Adv. a/w. Mr. Pawan Patil, Mr. Agnel Carreiro, Mr. Eshaan Saroop. Mr. Janmesh Vora, Mr. Rohan Kadam, Mr. Saraf i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe, for Appellants. Mr. Bronson Barthol Dias representative on behalf of Appellants present.
Mr. Sandesh Patil i/b. Jonita Dabreo, Advocate for Respondent Nos.1 to 4.
Mr. Rohan Thakur, POA for Respondent Nos.1 to 4.
CORAM : M.M. SATHAYE, J. DATE : 19th DECEMBER, 2024
P.C. :
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901 AO-866-2024 C.doc
Corporation, this Court was inclined to grant interim stay to the impugned order.
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901 AO-866-2024 C.doc
the Power of Attorney holder of the Plaintiffs, who is present in the Court, the Appeal from Order is disposed of by passing following order.
(b) The Appellants are directed to earmark a commercial gala on 4th floor in building No. 8 on the suit property and keep it aside during the pendency of the suit. Such gala will be kept vacant and no third party interests of whatsoever nature will be created therein nor it will be sold.
(c) In addition, the Appellants are directed to furnish a bank guarantee of Rs.1,50,00,000-/ (Rupees One Crore and Fifty Lakh Only) in the Court of Civil Judge Senior Division, Vasai in the account of Special Civil Suit No. 202 of 2024, with an undertaking to the Trial Court that the said bank guarantee will be kept alive during the pendency of the suit. Bank guarantee be furnished within 3 weeks from today.
(d) Aforesaid directions will operate as interim relief between the parties during the pendency of the suit, without prejudice to their rights and contentions.
(e) The suit will be decided on its own merits and in accordance with law, without being influenced by the observations in the impugned order or the present order. Rival contentions on merits are kept open.
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901 AO-866-2024 C.doc
(M.M. SATHAYE, J.)
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1 issue framed by the court
Whether the interim injunction order dated 13.11.2024 passed by the trial court below Ex.5 should be stayed or set aside.
Valerain Lawrenc Dias
Hareshwar Govind Vartak
M.M. Sathaye
As recorded by the court registry
4 orders share this CNR
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