Bombay High Court
Mr. N. Shankar Mahadevan vs Smt. Shobha Sunil Kambli Widow Of ... on 7 August, 2023
Bench: P. K. Chavan
14-FA-ST-11780-2022.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL [STAMP] NO.11780 OF 2022
a/w
INTERIM APPLICATION NO.10337 OF 2022
IN
FIRST APPEAL [STAMP] NO.11780 OF 2022
M/s. Kiran Shetty & Co. ]
Correctly known as Kiran Shetty Design ]
Studio, Design Consultancy Firm by and ]
through It's Proprietor Kiran Shetty ] Appellant
Vs.
Shobha Sunil Kambli widow of ]
Sunil G. Kambli and others ] Respondents
a/w
FIRST APPEAL [STAMP] NO.25270 OF 2018
a/w
CIVIL APPLICATION NO.3490 OF 2018
IN
FIRST APPEAL [STAMP] NO.25270 OF 2018
N. Shankar Mahadevan ] Appellant
Vs.
Shobha Sunil Kambli widow of ]
Sunil G. Kambli and others ] Respondents
.....
Mr. Karl Tamboly a/w Sheetal Shah, Dimple Bitra and Dua Shaikh i/
b M/s. Mehta & Girdharlal, for Appellant in First Appeal [Stamp]
No.11780 of 2022 and Applicant in I.A. No.10337 of 2022 and for
Respondent No.4 in First Appeal [Stamp] No.25270 of 2018.
Ms. C.S. Savithri, for Respondents No.1 to 3 in both the Appeals.
Mr. Pandit Kasar, for Appellant in First Appeal [Stamp] No.25270
of 2018 and for Applicant in Civil Application No.3490 of 2018
and for Respondent No.4 in First Appeal [Stamp] No.11780 of
2022.
.....
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14-FA-ST-11780-2022.doc
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 7th August, 2023.
P.C.
1. Heard.
2. When Ms. Savithri learned Counsel is asked to tender on
record agreement of contract with the appellant-defendant, she
states that presently she is not having the same but it would be
produced on the next date. Statement is accepted. The Counsel
further submits that she had not appeared in the trial Court and,
therefore, seeks time.
3. Since there is an element of settlement, the parties are ad
idem to go for mediation. Learned Counsel for the parties have
suggested name of Mr. Y.S. Jahagirdar, Senior Advocate to be
appointed as a Mediator. Accordingly, Mr. Y.S. Jahagirdar, Senior
Advocate is appointed as a Mediator to conduct the process of
mediation. The parties to approach the Mediator as soon as the
order is uploaded on the website.
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14-FA-ST-11780-2022.doc
4. Learned Mediator shall thereafter fix the dates of mediation
as per his convenience and convenience of the parties. The parties
shall co-operate in the process of mediation. After the process of
mediation, the learned Mediator shall furnish his report on or
before 30th September, 2023.
5. The parties shall bear charges of the learned Mediator in
equal proportion.
6. Learned Counsel for the appellant submits that two of his
offices viz. Unit No.1 and 9, PWD Office Complex, Ground Floor,
Off Mahim Causeway, Mahim (West) Mumbai - 400 016 have been
attached pursuant to the decree passed by the trial Court under
Order-21, Rule-54 of the Code of Civil Procedure. There shall not
be sale of the attached property of the judgment debtor in view of
Order-21, Rule-64 of the C.P.C till the report of the learned
Mediator is received.
7. In view of the appointment of a Mediator to explore
possibility of an amicable settlement of the dispute, there shall be
interim stay to the execution and implementation of the impugned
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14-FA-ST-11780-2022.doc
decree passed by the trial Court on 2nd May, 2018 in Suit No.5146
of 2012 till the next date.
8. List on 3rd October, 2023 under the caption "For
Directions".
[PRITHVIRAJ K. CHAVAN, J.]
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