Ravie S/O. Late Shri. Manoharlal Lalpuria v. Sarita Mahesh Saraf
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.15290 OF 2024 IN COMMERCIAL FIRST APPEAL NO.27 OF 2024 IN SUMMONS FOR JUDGMENT NO.122 OF 2024 IN COMMERCIAL SUMMARY SUIT NO.525 OF 2024 Ravie S/o. Late Manoharlal Lalpuria .. Applicant-Appellant Vs.
Sarita Mahesh Saraf .. Respondent Mr. Anand Mishra with Mr. Amit G. Dubey, Advocates for the ApplicantAppellant-Original Defendant. Mr. Shanay Shah with Mr. Manoj Agre and Mr. Krushang Kedia, i/by Mr. Girish Kedia, Advocates for the Respondent-Original Plaintiff. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 4TH DECEMBER 2024.
P.C. :
1.
By this application, the applicant-appellant-original defendant prays that the effect and operation of the judgment and decree passed in Commercial Summary Suit No.525 of 2024 be stayed. By the said decree, the defendant has been directed to pay an amount of Rs.1,19,97,260/- with interest @ 9.5% p.a. from the date of filing of the suit till its realization.
Digitally signed by SNEHA ABHAY DIXIT Date:
2024.12.04 17:59:03 +0530 1/2 Dixit SNEHA ABHAY DIXIT 6-IA-15290-2024.doc
2.
Having heard the learned counsel for the parties, we are of the view that the decree in question being a money decree, it would be necessary to direct the applicant-appellant to deposit the decretal amount in this Court within a period of twelve weeks from today. Subject to such deposit, the interim application is allowed in terms of prayer clause (a), which reads as under :- "(a) That pending the hearing and final disposal of the present Appeal, the effect and implementation of the order dated 3/9/2024 passed in Summons for Judgment No.122 of 2024 taken out in Commercial Summary Suit No.525 of 2024 be stayed on such terms as this Hon'ble Court may deem fit and proper." 3.
Needless to state that any request for leave to withdraw the amount, if deposited, would be considered on its own merits. 4.
Interim Application is disposed of.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 6-IA-15290-2024.doc Dixit