The Bombay Electric Supply And ... vs Shri Shaikh Mohammed Hanif ...
2022 Latest Caselaw 1408 Bom

                                                                  8-FAST-2845-2022.DOC
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI
SADANAND
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BAMNE                              CIVIL APPELLATE JURISDICTION
Date: 2022.02.09
22:00:07 +0530
                               INTERIM APPLICATION (ST.) NO. 2851 OF 2022
                                                   IN
                                   FIRST APPEAL (ST.) NO. 2845 OF 2022

                      The Bombay Electric Supply and
                      Transport, undertaking of the
                      Municipal Corporation of Greater
                      Bombay                                         ...Applicant

                      IN THE MATTER BETWEEN

                      The Bombay Electric Supply and
                      Transport, undertaking of the
                      Municipal Corporation of Greater
                      Bombay                                         ...Appellant

                                Versus

                      Shri Shaikh Mohammed Hanif
                      Mohammed Shaf                                  ...Respondent

                                                ......
                      Smt.Kavita Anchan a/w. Mr.Arsh Mishra i/b. M.V. Kini and
                      Co. for the Applicant.
                      None for the Respondents.
                                                ......
                                            CORAM:        V.G.BISHT, J.

                                            DATE:         9th February, 2022
                      PC:-                                (Through Video
                                                          Conferencing )

1. By this interim application, the applicant/appellant

seeks stay to the operation and execution of the

impugned judgment and order dated 26 th July, 2019

Trupti 1/2 8-FAST-2845-2022.DOC

passed by learned Judge, City Civil Court, Greater Mumbai

in Suit No. 8905 of 2000.

2. Learned counsel for the applicant submits that the

applicant is ready to deposit the entire decretal amount

along with interest thereon as directed by the trial Court

within four weeks from today. Hence, he prays that the

execution and implementation of the impugned judgment

and order be stayed.

3. In view of the above submission, issue notice to the

respondent, returnable on 8th March, 2022. On being

decretal amount so deposited along with interest thereon,

the execution and implementation of the judgment and

order dated 26th July, 2019 passed by the learned Judge,

City Civil Court, Greater Mumbai shall remain stayed.

4. If the decretal amount is not deposited within the

said period, the stay shall stand vacated automatically.

                                      (V.G.BISHT, J. )




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