Hasmukh Mehta vs Amit P. Rathod
2022 Latest Caselaw 8789 Bom

                                                            13-COMAO-3-2022.DOC




 Shephali



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
            IN ITS COMMERCIAL APPELLATE DIVISION
      COMMERCIAL APPEAL FROM ORDER NO. 3 OF 2022
                                      WITH
              INTERIM APPLICATION NO. 1585 OF 2022
                                         IN
      COMMERCIAL APPEAL FROM ORDER NO. 3 OF 2022


 Hasmukh Mehta                                                         ...Appellant
      Versus
 Amit P Rathod                                                      ...Respondent


 Mr Bhart B Gavande, for the Appellant.


                               CORAM      G.S. Patel &
                                          Gauri Godse, JJ.

                               DATED:     5th September 2022
 PC:-

1. By the impugned order dated 17th December 2021, the Trial Court partly decreed the Summary Suit and made the Summons for Judgment absolute in terms of prayer clause (a). The Defendant, who is the Appellant before us, was directed to pay an amount of Rs. 10 lakhs to the Plaintiff with interest at 12% per annum on a principal amount of Rs. 5,87,368 from the date of filing of the Suit until payment or realisation. The amount was to be paid within three

5th September 2022

13-COMAO-3-2022.DOC

weeks. The Appellant has wrongly filed this appeal as an Appeal from Order. It should be filed as a First Appeal. The Registry will assist the Appellant in getting the matter correctly registered as a Commercial First Appeal. It is only because of this that we do not pass an order of admission today although the Appeal will have to be admitted being a statutory First Appeal.

2. Mr Gavande presses his application for stay on execution, a relief sought in Interim Application No. 1585 of 2022. But that Interim Application will also have to be re-registered as an Interim Application in a First Appeal and not in an Appeal from Order.

3. In any event, we are not inclined to grant an unconditional stay. We will require a deposit since this is a money decree.

4. List the matter on 12th September 2022.

5. Appellant to give a fresh notice to the Respondents of the next day's listing.

 (Gauri Godse, J)                                             (G. S. Patel, J)





                               5th September 2022