M/S Shree Tirupati Greenfield, (Shree Tirupati Greenfield Developers) And ANR. v. Shraddha Khandhadia

Rajeshri Aher 1/3 11_ia_795_of_2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 795 OF 2023 IN COMMERCIAL FIRST APPEAL NO. 19 OF 2022 M/s Shree Tirupati Greenfield, (Shree Tirupati Greenfield Developers)and Anr.

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Applicants (Org. Defendant) In the matter of M/s Shree Tirupati Greenfield, (Shree Tirupati Greenfield Developers)and Ors.

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Appellants (Org. Defendant)

Versus

Shraddha Khandhadia ... Respondent (Org. Plaintiff) ....

Mr. Saurabh Oka, Advocate for Applicants.

Mr. Narayan Sahu i/b Mr. Ashish P. Pawar, Advocate for Respondent. ....

CORAM

:K. R. SHRIRAM & RAJESH S PATIL, JJ.

DATED :30th JANUARY 2023 P.C.:

Mr.Oka is seeking stay of the execution of the decree dated 10th January 2022. Mr.Oka states that the decretal amount as on date works out to about Rs.17,00,000/- and odd. Mr.Sahu states the amount will be about Rs.22,00,000/-. Mr.Oka states that Appellants

Rajeshri Aher 2/3 11_ia_795_of_2023.doc are willing to secure the decree by depositing Rs.17,00,000/- in Court. Mr.Oka further states that he has prepared a Pay Order of Rs.9,00,000/- drawn in favour of Registrar, High Court Appellate Side being the principal amount and the balance Rs.8,00,000/- he shall deposit with the Registrar, Bombay High Court Appellate Side within four weeks from today. Statement accepted as an undertaking to the Court.

Registrar, Bombay High Court Appellate Side to accept this Pay Order for Rs.9,00,000/-. Upon the amount being deposited with the Registrar, Bombay High Court Appellate Side, there will be a stay of the decree/order in Judgment dated 10th January 2022 passed in Commercial Summary Suit No.3 of 2021.

If the balance amount of Rs.8,00,000/- is not paid on or before 27th February 2023, this stay will stand vacated without further reference to the Court.

Liberty to Respondent to apply for withdrawal of this amount.

Rajeshri Aher 3/3 11_ia_795_of_2023.doc Stay Application disposed.

We clarify that this order pertains only to Commercial First Appeal No.19 of 2022 and no other Appeal. (RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)