Allowed

V.I.D.C. Ngp. Rep. by Executive Engg., Medium Project Div., Chandrapur (Tultuli Project Div. Gadchi v. M/S N. Kumar Construction Company, Partnership, Nagpur and Others

Bombay HC25 Apr 2024CAS/335/2024

Case brief

AI extract

What is this about?

The court disposed of a civil application seeking stay vacation, ruling the stay is self-speaking due to non-payment. It also allowed a fresh application for permission to deposit the balance decree amount within one week.

What did the court decide?

Permission granted to appellant to deposit the balance decree amount within one week. The earlier civil application was disposed of holding no separate order to vacate stay was required.

V.I.D.C. Ngp. Rep. by Executive Engg., Medium Project… — Specific Performance | Bombay HC (2024)

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5-CAS-335-2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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CIVIL APPLICATION NO. 335 OF 2024 IN SECOND APPEAL NO. 155 OF 2023

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(Vidarbha Irrigation Development Corporation Vs. M/s N. Kumar Construction Company,
Nagpur & Ors.)

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Office Notes, Office Memoranda of Coram,__________________________________________________________________________
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.

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Shri M.A. Kadu with Shri J.J. Chandurkar, Counsel for the
appellant.

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Shri A.S. Dabadghao, Counsel for respondent no.1.
Shri B.M. Lonare, A.G.P. for respondent no.2.

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CORAM : ANIL L. PANSARE, J. APRIL 25, 2024.

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By present application, respondent no.1 is
seeking to vacate stay operating on the effect, operation
and execution of the judgment and decree dated
31/1/2022.

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2]This Court, vide order dated 21/12/2023,
granted stay to the impugned judgment subject to the
appellant depositing 50% of decreetal amount within a
period of six weeks with this Court.

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3]The learned Counsel for respondent no.1
submits that the appellant has not deposited 50% of the
decreetal amount. If that be so, there arises no question
of passing separate order of vacating the stay inasmuch as
order granting stay is self-speaking. Respondent no.1 is at
liberty to proceed further if, according to him, the
appellant has not deposited the amount, as directed by

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5-CAS-335-2024

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this Court. No order of vacating the stay, in the facts and
circumstances of the case, is required.

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4]The Civil Application is disposed of in above
terms.

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5]At this stage, the learned Counsel for the
appellant has tendered across the bar application (Civil
Application No. 338/2024) by which the appellant is
seeking permission to pay balance decreetal amount in
view of order passed by this Court on 21/12/2023.

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6]As could be seen from the prayer, the
appellant is not seeking extension of time to deposit the
amount, as it cannot, because the application ought to
have been filed prior to expiry of period. Thus, what
remains is the prayer of the appellant to permit it to
deposit the balance decreetal amount, which can be
granted.

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7]Permission is granted. The amount be
deposited within one week from today.

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8]The Civil Application bearing No. 338/2024
is disposed of in above terms.

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 (ANIL L. PANSARE, J.)

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Sumit

V.I.D.C. Ngp. Rep. by Executive Engg., Medium Project Div., Chandrapur (Tultuli Project Div. Gadchi v. M/S N. Kumar Construction Company, Partnership, Nagpur and Others

Case brief

What is this about?

What did the court decide?

V.I.D.C. Ngp. Rep. by Executive Engg., Medium Project Div., Chandrapur (Tultuli Project Div. Gadchi v. M/S N. Kumar Construction Company, Partnership, Nagpur and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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