← Library
Bombay High CourtCA/25/2019disposed of

Rui Manuel Pinto And 3 ORS., v. Sahajanand Investments Pvt. Ltd., Through Its Director, Rasiklal Mohanlal Gangani And ANR.,

2019-01-30Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 25 OF 2019 IN WRIT PETITION NO. 1025 OF 2015 RUI MANUEL PINTO AND 3 ORS., ... Applicants

Versus

SAHAJANAND INVESTMENTS PVT. LTD., THROUGH ITS DIRECTOR, RASIKLAL MOHANLAL GANGANI AND ANR., ... Respondents Mr. S. Desai, Senior Advocate with Mr. Pavithran A.V., Advocate for the Applicants.

Mr. Rohit Bras De Sa, Advocate for the Respondent No. 1. Coram:- C. V. BHADANG, J.

Date:- 30th January 2019 P.C.

This is an application for stay of the execution of the impugned judgment and order dated 22.12.2018, passed by this Court. By the said judgment, this Court while dismissing Writ Petition No. 1025/2015 had kept in abeyance the order dated 27.10.2015, passed by the Executing Court, issuing arrest warrant against the applicants herein, for a period of three months. Insofar as the amount of Rs.3 crores, lying before this Court is concerned, it is directed to be paid to the respondent no. 1 alongwith interest, if any, after a period of six weeks. This later period is expiring on 02.02.2019.

CA/25/2019

2. In this case, the judgment was pronounced on 22.12.2018 i.e. the last working day before the winter vacation and the Court was in vacation. Although, the operative order was uploaded immediately, the detailed order could not be made available as this Court was not sitting till 21.01.2019 (except 10.01.2019 and 11.01.2019), for personal reasons.

3. On hearing the learned Counsel for the parties and on considering the overall circumstances, the part of the operative order in para 42 (iv), shall not be given effect to, for a further period of six weeks.

4. The civil application is disposed of.

C. V. BHADANG, J.

EV