M/S.Bharati Jewellers And ANR. v. Mr.Praful Premji Nandu

1/2 6 caf 1566.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1566 of 2018 In First Appeal (st)No. 2813 of 2018 M/s. Bharati Jewellers & anr.

...

Applicants V/s.

Mr. Praful Premji Nandu ...

Respondents Ms. Shweta M. Jain i/b. S.M. Jain Associates for the applicants. Mr. Nishant Shah i/b. Piyush Shah for respondents. CORAM : SHRIKANT D. KULKARNI,J.

20th July 2022 P.C.

Digitally signed by LATA SUNIL PANJWANI Date:

2022.07.22 14:22:15 +0530 LATA SUNIL PANJWANI This is an application for stay moved by the applicants. 2.

Ms. Shweta Jain, learned Counsel for the applicants submits that she has only instructions to prosecute the application for condonation of delay and she has no instructions to prosecute this stay application which cannot be accepted at the threshold.

3.

Heard Mr. Nishant Shah i/b. Mr. Piyush Shah, learned Counsel for the respondents. The applicants are challenging the money decree

2/2 6 caf 1566.18.doc passed by the City Civil Court. This being the position obviously the applicants have to deposit the decretal amount with interest upto date that is usual course the Court adopts.

O R D E R

i) The Exectuion and operation of the impugned Judgment and decree passed in Suit No.9000/2000 by the City Civil Judge, Mumbai is hereby stayed on the condition that the Applicant shall deposit the entire decretal amount with upto date interest with the City Civil Court, Mumbai within one month from today, failing which, the stay granted by this Court shall stand vacated.

ii) The Respondent is at liberty to execute the decree, if conditional stay order passed by this Court is not complied with.

iii) Inform the concerned City Civil Court accordingly. iv) Civil Application is accordingly disposed of. (SHRIKANT D. KULKARNI, J) L.S. Panjwani, P.S.