Badruzzama Sheikh Naseer And ... vs Ghanshyam Harishchandra ...
2022 Latest Caselaw 4304 Bom

                                            1/2                           45-SA 103.2022

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                        SECOND APPEAL NO. 103 OF 2022
                          Badruzzama Sheikh Naseer and others
                                          Vs.
                          Ghanshyam Harishchandra Khandelwal
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Ms. Ritu Jog, Advocate for appellants.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       25.04.2022.

Heard learned counsel for the appellants.

2. Issue notice, returnable in eight weeks on the following substantial questions of law :-

1. Whether the time was the essence of the contract in between the parties in the present case ?

2. Whether the judgment, order and decree is sustainable in law, in the present case as the trial Court failed to frame the issue on readiness and willingness and the appellate Court examined the same for the first time in the appeal and that too when it was categorically denied by the defendants in the written statement ?

2/2 45-SA 103.2022

CIVIL APPLICATION (S) NO. 424 OF 2022

Issue notice, returnable in eight weeks.

2. Since this Court has framed substantial questions of law while issuing notice in the appeal, there shall be ad-interim stay of the proceedings in the Execution Court.

JUDGE Prity Digitally signed by PRITY S GABHANE PRITY S Date:

GABHANE 2022.04.26 10:45:12 +0530