Vishal Jayvadan Mehta v. Ifb Industries Ltd.

- 1 - ( APPL 721 of 2014) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 721 OF 2014 IN CHAMBER SUMMONS (L) No. 1477 OF 2014 IN EXECUTION APPLICATION No.704 OF 2014 IN SUMMARY SUIT No. 2641 OF 2007 Vishal Jayvadan Mehta ...Appellant (Org. Plaintiff) Vs.

IFB Industries Ltd.

...Respondent

(Org. Defendant) *********** Mr.Shailesh Shah, Senior Counsel a/w. Mr. Vaibhav Mehta a/w. Ms. Deepti Mistry i/b. Vaibhav Mehta and Associates for Appellant Mr.Shyam Mehta, Senior Counsel i/b. Mr.Nirman Sharma for Respondent No.2 Mr.Pruthviraj N.K i/b. Khaitan & Co. for Respondent *********** CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

DATE : JULY 16, 2015 P.C. :

1.

By consent of parties, the impugned order dated 29th October, 2014 is set aside. The execution of decree is stayed for a period of four weeks. During which time, the Appellant may take out an appropriate application for setting aside the ex-parte decree which has been passed against him.

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- 2 - ( APPL 721 of 2014) 2.

All contentions of both the parties are kept open. If no application is filed within four weeks, the execution shall proceed. Appeal is disposed of.

[B.P COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2