Maharashtra State Textile Corporation Ltd., Mumbai v. Kishor S/O Gopichand Rai
20.02.caf.3092.14.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 3092/2014 IN FIRST APPEAL NO.927/2014 (Masharashtra State Textile Corporation vs. Kishore Gopichand Rai) .......................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. Sunil Manohar, Advocate General of Maharashtra Mr V.H.Kedar, Adv.for respondent CORAM : B.R.GAVAI & Mrs. MRIDULA BHATKAR, JJ.
DATED : 20th February, 2015.
Heard.
This is an application for stay to the execution of the decree which is challenged in the present Appeal. Mr.Sunil Manohar, learned Advocate General appearing on behalf of the appellant submits that in addition to providing solvent surety in the tune of the decree under challenge, the appellant is willing to file an undertaking through an authorized Officer that the appellant-Corporation would keep some property of the appellant intact during pendency of the Appeal, so that the execution of the decree is not frustrated.
In that view of the matter, ad-interim protection granted earlier is confirmed, on the condition that the appellant furnishes the solvent surety in the
20.02.caf.3092.14.
tune of the amount decreed by the learned trial Court and also an undertaking to the effect that during pendency of the Appeal, the appellant shall take some property of the appellant intact which will be sufficient to meet the amount decreed by the learned trial Court.
The appellant is granted liberty to file private paper-book and apply for early hearing, after filing of the private paper-book.
Civil Application is allowed in the aforesaid terms.
JUDGE JUDGE sahare