Johri Mal Shiv Lal (P) Ltd. v. The Board Of Trustees Of The Port Of Mumbai And ORS.

31 caf 1197-16=.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1197 OF 2016 IN FIRST APPEAL NO. 1014 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Ganesh Amberkar I/b M/s. Thakore Jariwala & Asso. for the Appellant.

CORAM: K.K.TATED, J.

DATED : 10/10/2019 P.C.

Heard learned Counsel for the Applicant.

By this Civil Application, the Applicant original Defendant No.1 is seeking stay of the operation and implementation of the Judgment and Decree dated 09.02.2015 passed by Bombay City Civil Court at Mumbai in S.C. Suit No. 4043 of 2009 directing them to pay a sum of Rs.

12,67,533/- with interest @ 18 % p.a. to the Respondent original Plaintiff.

This being a money decree, the Applicant has to deposit the entire amount in the Trial Court. Hence, the following order is passed:

Sneha Chavan 1/2

31 caf 1197-16=.odt a) Civil Application is allowed in terms of prayer clause (a) on condition that Applicant to deposit the entire decreetal amount with interest and costs in the Trial Court on or before 16.11.2019, failing which Civil Application shall stand dismissed without further reference to the Court.

Prayer clause (a), reads thus:

"a) Pending the hearing and disposal of the Appeal this Hon'ble Court may be pleased to stay the implementation, operation and execution of the Impugned Order dated 9th February 2015 against the Applicant"

b) If amount is deposited within stipulated time, the Respondent No.1 original Plaintiff Board of Trustees of the Port of Bombay is permitted to withdraw the amount upon furnishing an undertaking of responsible officer that amount together with interest will be brought back to this court, in case, the appeal is allowed.

c) Civil Application stands disposed of accordingly.

d) No order as to costs.

(K.K.TATED, J.) Sneha Chavan 2/2