Dabur India Limited v. The Registrar District And Sessions Court Kalyan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4662 OF 2025 Dabur India Limited ... Petitioner V/s.

The Registrar, District and Sessions Court Kalyan and ors.

... Respondents --- Mr. Sharan Jagtiani, Senior Advocate with Mr. Vishal Narichania, Ms. Avanti Divan, Mr. Kshitij Kasi and Mr. Durgaprasad Poojary i/by M/s PDS Legal, Advocates for the Petitioner.

Mr. Aumkar Joshi, Advocate for the Respondents No.1 and 2. Mr. Zaigam Rizvi, Advocate for the Respondent No.3. Ms. Tejas Kapre, AGP for the State.

--- CORAM : N. J. JAMADAR, J.

DATE : 16th APRIL, 2025.

P.C.:-

1. Heard the learned counsel for the parties.

2. Respondents No.1 and 2 be deleted from the cause-title of the petition. Necessary amendment be carried out forthwith.

3. By this petition, the Petitioner seeks direction to decide the Misc. Civil Application No.83 of 2024 preferred by the Petitioner in an appeal preferred by the Petitioner against the judgment and decree in RCS No.409 of 1994 alongwith an application for condonation of delay.

Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.04.23 10:26:34 +0530 PRIYA RAJESH SOPARKAR

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4. The grievance of the Petitioner seems to be that though the said application for stay to the execution, operation and implementation of the decree passed being RCS No.409 of 1994 is pending before the Appellate Court, the decree is sought to be executed and the certain orders have been passed by the executing Court.

5. The Court is informed that the Misc. Civil Application No.83 of 2024 is listed before the learned District Judge, Kalyan on 23rd April, 2025.

6. Thus, it would be in the fitness of things that the Misc. Civil Application No.83 of 2024 is heard and decided by the District Judge as expeditiously as possible.

7. The parties shall appear before the learned District Judge, Kalyan on 23rd April, 2025. The learned District Judge, Kalyan is requested to hear and decide the said Application No.83 of 2024 and if it is not possible to finally hear and decide the said Application, the prayer of the Petitioner-Applicant therein for ad-interim relief be considered.

8. In the meanwhile, the decree-holder may not take precipitative steps till 23rd April, 2025.

9. Petition stands disposed of.

(N. J. JAMADAR, J.) ....