Interim application for stay of execution of Appellate Tribunal order. Court ordered that execution proceedings not be pressed until the next date of hearing for final hearing of the admitted second appeal.
Execution proceedings stayed till next date of hearing.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4001 OF 2023
IN
SECOND APPEAL NO.291 OF 2023
Gazdar Properties & Ors. ....Applicants
V/S
Mustafa Madraswalla & Ors. ....Respondents
Mr. Naushad Engineer a/w Mr. Anosh Sequiria i/b Mr. Avesh Kayser for the
Appellants in SA 291 of 2023.
Mr. Ranjeev Carvalho i/b Mr. Mohanish Chaudhari for Respondent No.4 in SA
291 of 2023.
Mr. Vishal Kanade a/w Mr. Punita Arora, Mr. Puneet Arora, Ms. Tanaya
Patankar, Mr. Manish Kukreja, Ms. Richa Shukla i/b M/s. Arora & Co. for
Respondent Nos.1 and 2 in IA 4001 of 2023 , SA 291 of 2023.
Mr. Alha Kayserfor Respondent No.3 in SA 291 of 2023.
CORAM: SANDEEP V. MARNE, J.
DATE : 10 APRIL 2024.
P.C.:
1Second Appeal is already admitted by formulating substantial questions
of law. The Appeal is directed to be listed for final hearing on 19 April 2024. In
the light of this position, it is appropriate that the order passed by the
Appellate Tribunal is not executed till the next date of hearing. In fact
Mr. Kanade, the learned counsel appearing for the allottees would make a
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statement that the execution proceedings would not be pressed till the next
date of hearing. The statement is recorded and accepted.
2 The Interim Application is accordingly disposed of.
(SANDEEP V. MARNE, J.)
SUDARSHAN RAJALINGAM KATKAM
Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date: 2024.04.15 14:34:25 +0530
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Gazdar Properties
Mustafa Madraswalla
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court