M/S.Renuka Exports Private Limited v. Union Of India Through Textile Commissioner And ANR.

44-CAF-4047-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4047 OF 2017 IN FIRST APPEAL ST. NO. 34694 OF 2017 M/s. Renuka Exports Private Limited .... Applicant V/s.

Union of India Through Textile Commissioner & Anr.

... Respondents Mr. Aurup Dasgupta a/w. Ms. Sonam Ghiya i/b jhangiani, Narula and Associates for the Applicant.

Mr. D.P. Singh a/w. Sarang Pathak for Respondent No.1 (Union of India) Adv. Vaishali R. Bhilare for Respondent No.2.

CORAM

: K.K.TATED, J.

DATE : 30th September, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this Civil Application, applicant/defendant No.1 seeking stay of operation and and implementation of impugned Judgment and Decree dated 14th August, 2017 passed by City Civil Court, Bombay in Suit No. 8544 of 1995.

3.

The learned counsel for the applicant submits that, as per earlier order dated 17th January 2018, sum of Rs. 50 Lakhs are already paid to the respondent No.1. He further submits that, this Court already restrained the applicant from withdrawing any further amount which is Sajakali Jamadar

44-CAF-4047-2017.doc lying with the Canara Bank. Hence, both the counsel submit that, in view of the earlier order dated 17th January, 2018, Civil Application may be disposed of. Hence, by consent following order: a) Civil Application allowed in terms of prayer clause 'a' which reads thus:- " a) pending the hearing and final disposal of the Appeal, the implementation and execution of the impugned Order and Judgment dated 14th August 2017 passed by His Honour Judge Shri Nandkishor L. More, presiding in Court Room No. 12 of the Hon'ble City Civil Court at Bombay in Suit No. 8544 of 1995 be stayed;"

b) Ad-interim relief granted by this Court by order dated 17th January 2018, and the protection granted, to continue till the final hearing and disposal of the First Appeal. c) Civil Application stands disposed of accordingly. d) No order as to costs.

(K.K.TATED, J.) Sajakali Jamadar