Yosef Kundlik Kamble vs Ambalal Rikhabchandji Jain
2022 Latest Caselaw 2090 Bom

                                                                        31 ao 105-22.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 574 OF 2022
                                               IN
                                APPEAL FROM ORDER NO. 105 OF 2022
                                              WITH
                                APPEAL FROM ORDER NO. 105 OF 2022


                Mr. Yosef Kundlik Kamble                      .. Applicant/Appellant

                            v/s.

                Mr. Ambalal Rikhabchandji Jain                ..Respondents

                Mr. Arvind A. Taral for the Appellant

                                   CORAM : ANUJA PRABHUDESSAI, J.

DATED : 1st MARCH, 2022.

P.C.

1. The Applicant has sought stay to the execution proceeding filed

by the Respondent before the City Civil Court. By the impugned

judgment dated 10.01.2022, the Applicant alongwith other co-

defendants in Summary Suit No.1023 of 2019 have been directed to

pay the amount of Rs.1,44,618/- with further interest on principal

amount of Rs.1,20,000/- at the rate of 18% per anum from the date

of decree till final realization.

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                                                                                31 ao 105-22.doc

2. Learned Counsel for the Appellant states that 50% of the

amount of Rs.1,44,618/- will be deposited within two weeks and the

balance 50% will be deposited in two weeks thereafter. In the light

of the said statement, execution and implementation of the

impugned judgement dated 10.01.2022 is stayed till the next date of

hearing. It is made clear that in the event the Appellant fails to

deposit the amount within the stipulated time, the interim order shall

stand vacated without further reference to the Court.

3. Issue Notice to Respondent returnable on 29.03.2022.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) SALGAONKAR Date:

2022.03.03 15:53:24 +0530

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