State Bank Of India, Main Branch Arvi, Thr. Manager And Another v. Dilip Kesarmal Agarwal
4-WP-1779-23.odt 1/1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.
OF 20 State Bank of India, Mani Branch Arvi, Thr. Manager, Deurwada Road, Arvi Wardha and anr. -vsManish Kesarmal Agarwal, Arvi, Dist. Wardha WITH WRIT PETITION NO.
OF 20 State Bank of India, Mani Branch Arvi, Thr. Manager, Deurwada Road, Arvi Wardha and anr. -vsDilip Kesarmal Agarwal, Arvi, Dist. Wardha ------------------------------------------------------------------------------------------------------------------------------------ OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------------------------------------------------------------------------------------------------------------------------------------ Shri Bhushan Mohata, Advocate for petitioners. Shri V. T. Deshpande, Advocate for respondents. CORAM : A. S. CHANDURKAR AND M. W. CHANDWANI JJ. DATE : March 30, 2023 Shri V. T. Deshpande, learned counsel waives notice for the respondents. On hearing the learned counsel for the parties, we find that the appellate Court is seized with the application for condonation of delay as well as the stay application that has now been preferred by the petitioners who are the appellants before the said Court.
The learned counsel for the petitioners submits that 50% of the decreetal amount has been deposited with the executing Court on 28/03/2023 which the learned counsel for the respondent submits is beyond one day of the time granted by the Court.
Be that as it may, since the appellate Court is seized with the proceedings, these writ petitions are disposed of by directing the appellate Court to consider the proceedings pending before it on their own merits and in accordance with law. The interim direction issued on 20/03/2023 shall continue to operate without prejudice to the rights of the respondent till the application for stay is decided. It is clarified that this direction is issued only as a stop-gap arrangement and is not an expression on the merits of the case. Both the writ petitions are disposed of. No costs. ADWAIT BHANDAKKAR 17:31:30 (M. W. Chandwani, J.) (A. S. Chandurkar, J.) Asmita