Indian Valve Pvt. Ltd. And ORS. v. M/S. General Engineering Proprietor Mr. G. Vijay Simha

p.14.wp.1192.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1192 OF 2015 IN FIRST APPEAL NO.1288 OF 2014 Indian Valve Pvt. Ltd. & Ors.

..Applicants -VersusM/s. General Engineering ..Respondent ...........

Ms. Anjali Helekar for the Applicants.

Mr. G. S. Hiranandani i/b. Ms. Jyoti B. Pandey for the Respondent. ...........

CORAM: A. S. OKA AND A. P. BHANGALE,JJ.

DATE :- 19th MARCH, 2015.

P.C.:

Not on board. Taken on board.

2] Heard the learned counsel appearing for the Applicants who are the Appellants in the First Appeal and the learned counsel for the Respondent. 3] On 3rd February, 2015 this Court granted stay to the execution of the decree on the Applicants depositing 75% of the decretal amount with the trial Court within a period of six weeks from that date. 4] Today the learned counsel appearing for the Applicants, on instructions, states that out of the said amount constituting 75%, the Applicants will deposit a sum of Rs.15 lakhs with the trial Court on or 1/2

p.14.wp.1192.15.doc before 30th March, 2015. She states that balance amount payable in terms of the said order will be deposited on or before 15th May, 2015. We accept the said statements. In view of the statements, we dispose of the application by passing the following order:- (a) Time granted under order dated 3rd February, 2015 to deposit 75% of the decretal amount is extended till 15th May, 2015 subject to condition of the Applicant depositing a sum of Rs.15 lakhs on or before 30th March, 2015.

(b) We make it clear that on the failure of the Applicant to deposit a sum of Rs.15 lakhs on or before 30th March, 2015 and the balance amount on or before 15th May, 2015, interim relief shall stand vacated without further reference to the Court.

(c) Application stands disposed of accordingly. (A. P. BHANGALE,J.) (A. S. OKA, J.) wadhwa 2/2