A single judge Oral Order vacated the stay on execution of an impugned judgment and awarded dismissal of a stay application because the appellant failed to deposit the decreetal amount before the Tribunal within the stipulated timeline.
Stay on execution vacated; Civil Application (For Stay) No.1 of 2024 treated as dismissed.
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C/FA/1864/2024 ORDER DATED: 05/12/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1864 of 2024
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DHURABHAI GOVINDBHAI ROHIT & ANR.
Versus
JATINBHAI BHUPENDRABHAI PATEL
========================================================== Appearance:
MR AAMIR S PATHAN(7142) for the Appellant(s) No. 1,2 MR HIREN M MODI(3732) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/12/2025 ORAL ORDER
Pursuant to the order dated 25.11.2024, the coordinate Bench of this Court stayed further implementation and execution of the impugned judgment and award on condition that the appellant shall deposit entire decreetal amount before the learned Tribunal within eight weeks from 25.11.2024 alongwith principal amount, interest and cost.
Today, learned advocate Mr. H.M. Modi appearing for the respondent has submitted that till date the appellant has not complied with the said order.
In view of above, as it was clearly mentioned in the order dated 25.11.2024 by the coordinate Bench that Civil Application (For Stay) No.1 of 2024 shall be treated as dismissed if the appellant fails to comply with the order dated 25.11.2024, stay on further implementation and execution of the impugned judgment and award is hereby vacated forthwith and Civil Application (For Stay) No.1 of 2024 be treated as dismissed.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 14:47:28
Page 1 of 1
1 issue framed by the court
Whether the stay on execution of the impugned judgment should be vacated due to non-compliance with the deposit condition.
Dhurabhai Govindbhai Rohit & Anr.
Jatinbhai Bhupendrabhai Patel
Hasmukh D. Suthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
