Reserve Bank Of India v. Mr. Rajesh Kaura And ANR.

43 CAF2739 OF 2018.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2739 OF 2018 IN FIRST APPEAL (ST) NO.18491 OF 2018 Reserve Bank of India ...

Applicant.

V/s.

Rajesh Kaura and anr ...

Respondents Mr. Anjani Kumar Singh, for the applicant.

Mr. Abhinav Chandrachud a/w Mr. Binny Joseph i/by B. J. Law Offices LLP, for respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 12th SEPTEMBER, 2018.

P.C. :

1] Heard learned counsel for the Appellant and respondent. 2] This application is filed seeking stay to the execution of the judgment and decree dated 20.01.2018, passed by the Ad-hoc Judge, City Civil Court, Mumbai in Suit No.7588 of 1998. 3] It is submitted by learned counsel for respondent that as it is money decree, stay cannot be granted unless the appellant deposits the entire decreetal amount. Learned counsel for the appellant fairly concedes that the appellant is ready to deposit the entire decreetal amount within a period of three weeks from the date of this order. 4] Accordingly, stay is granted to the execution of the decree 1/2

43 CAF2739 OF 2018.odt till the decision of the appeal, subject to appellant's depositing the entire decreetal amount within a period of of three weeks from today, failing which the stay to stand automatically vacated without further reference to this Court.

5] On deposit of the amount, the office is directed to invest it, in any nationalized bank as per usual practice. 5] Application is disposed off in above terms.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2