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Bombay High CourtCAO/643/2015rejected at admission stage

Sayed Abrar Ahemad Sayed Mohd @ Dadan And Anothers v. Ku. Surraiya Jabeen Khatib And Anothers

2015-04-17Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar1 pages

cao643.15 1/1 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (O) NO.643 OF 2015 IN CONTEMPT APPEAL NO.4 OF 2014 Sayed Abrar Ahemad Syed Mohd.@Dadan and another -vsKu.Surraiya Jabeen Khatib and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.P.S.Patil, counsel for the applicant-respondent No.1. Mr.Apurv De, counsel for the appellant.

CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 17.04.2015.

By this application, the applicant-respondent No.1 seeks dismissal of the appeal for non-compliance of the interim order.

This Court had, by the ad interim relief, stayed the impugned judgment and order on the condition that the appellants deposit Rs.10,000/- per month in this Court. It is stated on behalf of the applicant that the appellants have not deposited the amount of Rs.10,000/- every month and hence, the appeal needs to be dismissed.

There is no reason for dismissing the appeal as the stay was conditional on the appellants depositing a particular amount every month. If the amount is not deposited, the stay would not operate. However, the prayer made in the civil application cannot be granted. Civil application stands rejected.

JUDGE JUDGE KHUNTE