Allowed¶17

Kantilal Babulal Oswal v. Sanket Creations

Bombay HC26 Feb 2025IA/2698/2025

Case brief

AI extract

What is this about?

Stay of execution of decree; ad-interim stay conditional on deposit of balance decretal amount within eight weeks; Second Appeal No. 744 of 2024; Kantilal Babulal Oswal; Ritesh Kantilal Oswal; Sanket Creations; Bombay High Court; Gauri Godse J.; Interim Application No. 2698 of 2025; rule returnable 23 June 2025; corrected order per speaking-to-minutes order dated 19 March 2025.

What did the court decide?

Ad-interim stay of execution of the impugned decree in terms of prayer clauses (a) and (b), conditional on depositing the balance decretal amount in the Court within eight weeks; rule on interim relief returnable on 23 June 2025 (application otherwise kept pending). ¶17

Kantilal Babulal Oswal vs Sanket Creations — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether execution of the impugned decree (under challenge in Second Appeal No. 744 of 2024) should be stayed pending disposal of the appeal.

¶10

Court's answer

Ad-interim stay granted in terms of prayer clauses (a) and (b), subject to depositing the balance decretal amount in the Court within eight weeks.

¶17

Ratio / Principle

Office directed to issue notice to the respondent once copies are supplied in the second appeal; two weeks granted to supply copies.

¶11

Key takeaways

Rule on interim relief in terms of prayer clause (a) made returnable on 23 June 2025.ratio¶16
In addition to Court notice, the applicant's advocate to serve the respondent by private notice and file affidavit of service.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), Interim Application No. 2698 of 2025 in Second Appeal No. 744 of 2024 — Kantilal Babulal Oswal and Anr. v. Sanket Creations; applicant Ritesh Kantilal Oswal sought stay of execution of the impugned decree. The second appeal stood admitted, but office notice had not issued for want of copies; two weeks were granted to supply copies, whereupon the office was directed to issue notice to the respondent. Counsel for the appellant stated that the principal decretal amount was already deposited and undertook to deposit the balance within eight weeks. Subject to such deposit, ad-interim stay was granted in terms of prayer clauses (a) and (b); rule on interim relief (prayer clause (a)) was made returnable on 23 June 2025; service on the respondent was additionally to be effected by private notice with affidavit of service. The order is a corrected version as per speaking-to-minutes order dated 19 March 2025.

Kantilal Babulal Oswal v. Sanket Creations

Case brief

What is this about?

What did the court decide?

Kantilal Babulal Oswal v. Sanket Creations

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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Kantilal Babulal Oswal vs Sanket Creations