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Bombay High CourtCAF/1328/2014disposed off

Bee Electronic Machines Ltd. Company v. M/S. K. Rohit Grinders Partership Firm, Through Partner Shoir. Deepak Lalitchandra Gandhi

2015-02-17Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.415 OF 2014 Bee Electronic Machines Ltd. Company ....Appellant.

Versus

M/s. K. Rohit Grinders

...Respondent.

Mr. P.K.Dhakephalkar, Sr. Counsel with Mr. Jaydeep Deo i/by M/s. Pandya & Poonawala, advocates for the Appellant. Mr. P.M. Arjunwadkar, advocate for the respondent. CORAM : SMT. VASANTI A.NAIK & SHRI C.V.BHADANG, JJ.

DATED : February 17, 2015.

P.C.:

Heard.

Admit.

Hearing of the first appeal is expedited.

The learned counsel Mr. Arjunwadkar waives notice on behalf of the respondent.

( C.V.BHADANG, J.) (MRS. VASANTI A.NAIK, J.) Shivgan 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1328 OF 2014 IN FIRST APPEAL NO.415 OF 2014 Bee Electronic Machines Ltd. Company ....Applicant.

Versus

M/s. K. Rohit Grinders

...Respondent.

Mr. P.K.Dhakephalkar, Sr. Counsel with Mr. Jaydeep Deo i/by M/s. Pandya & Poonawala, advocates for the Applicant. Mr. P.M. Arjunwadkar, advocate for the respondent. CORAM : SMT. VASANTI A.NAIK & SHRI C.V.BHADANG, JJ.

DATED : February 17, 2015.

P.C.:

Heard the learned counsel for the parties.

Perused the judgment of the trial Court. In the circumstances of the case, the judgment and decree is stayed during the pendency of the first appeal only on the condition that the applicant-appellant deposits an amount of Rs.15 lakhs in the trial Court within a period of eight weeks. If the amount is so deposited, the same may be placed in a fixed deposit account of a nationalized bank and the account should be renewed from Shivgan 2/3

time to time during the pendency of the first appeal. The applicant/appellant is restrained from alienating the suit property and/or creating third party interest therein during the pendency of the first appeal.

The civil application is allowed in the aforesaid terms and disposed of.

( C.V.BHADANG, J.) (MRS. VASANTI A.NAIK, J.) Shivgan 3/3