The High Court held that a money decree cannot be stayed unconditionally and dismissed the writ petition against the first appellate order staying the decree subject to deposit.
The writ petition was dismissed; further time for deposit was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-NAG:14162-DB
1 wp 7283.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.7283/2024 M/s Gandhi Sales Corporation and another V Ku. Asha and others
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Mr. A.R. Prasad, Advocate for petitioners.
CORAM : N.R. Borkar, J. DATE : 17-12-2024.
This petition takes exception to the common order dated
07-10-2024 passed by the learned District Judge, Nagpur below Exhibits-5 and 9 in Regular Civil Appeal No.250/2023.
ii. By the order impugned, the learned first appellate Court has stayed the money decree for the sum of Rs. 4,81,966/- passed by the learned trial Court in favour of the respondent subject to deposit of Rs.3,14,976/- with interest at the rate of 6% p.a. from the date of filing of the suit.
iii. The money decree cannot be stayed unconditionally. I am, therefore, not inclined to interfere with the impugned order. The petition is dismissed.
iv. At the request of learned Counsel for the petitioner further time of 2 months is granted to deposit the amount as per the impugned order.
( N.R. Borkar, J. )
Deshmukh
1 issue framed by the court
Whether the High Court should interfere with the first appellate order staying the money decree subject to deposit.
M/s Gandhi Sales Corporation
Ku. Asha
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
