Shri. Vikram Kishor Thakkar v. Shri. Narinder Birsingh Puransingh Sahney And ANR.

907-caf-3705-2015.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3705 OF 2015 IN FIRST APPEAL (ST.) NO.29320 OF 2015 Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and the Registrar's orders Court's or Judge's orders Mr. Ramsh Jadhav, for the Appellant.

Mr. Devendranath Joshi, for the Respondent.

CORAM: MRS.MRIDULA BHATKAR, J.

DATED: 28th OCTOBER, 2015 .

This application is moved by the Appellant for stay of the operation and implementation of the ex-parte judgment and award dated 4th April, 2012 passed by the learned Chairman, M.A.C.T., Mumbai in MACP No. 3725 of 1999. He also prays that the order passed by the Tribunal on 9th October, 2015 on the execution application be set aside.

2.

The learned counsel for the Respondent is present. As the award was passed ex-parte and at any stage the Appellant has not received the notice of the proceeding, the operation and implementation of the impugned judgment and Vishal 1 of 2

907-caf-3705-2015.doc award dated 4th April, 2012 is hereby stayed pending the Appeal on condition that the Appellant shall deposit Rs. 1,20,000/- along with 50% of the interest accrued on the entire amount, before the Tribunal till 27th November, 2015.

3.

Accordingly, the Civil Application No. 3705 of 2015 stands disposed of.

(MRS.MRIDULA BHATKAR, J.) Vishal 2 of 2