Crispina Aliphanso Lobo vs Vispi Dotiwalla And Ors
2023 Latest Caselaw 8918 Bom

                                                20-3660-2023-IA==.doc

Uday S. Jagtap


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 3660 OF 2023
                                   IN
                   FIRST APPEAL (ST.) NO. 8057 OF 2023

Cispina Aliphanso Lobo                          .. Applicant
      Vs.
Vispi Dotiwalla & Ors.                          .. Respondents
                                .....
Mr. Abhijeet Pange i/b Mr. Ashish P. Agarkar for the applicant
None for the respondents
                                .....

                           CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 30th AUGUST, 2023 P.C.

1. This is an application seeking stay to the execution and

operation of the impugned ex-parte decree passed by the trial Court

on 11th November, 2021.

2. Normally, execution and operation of a money decree is not

stayed in an appeal. Learned Counsel for the applicant,on

instructions, submits that he would deposit part of the decreetal

amount by contending that he has a good case on merits.

3. My attention is invited to paragraph 17 of the impugned

1 of 2 20-3660-2023-IA==.doc

judgment, wherein the trial Court had observed that the plaintiff

did not produce any evidence on record to show that he had paid

Rs.26,24,000/- to the defendant nos. 1 to 3. The Court further

observed that in the reply notice, the defendants admitted about

the said transaction.

4. It appears that though the suit was ex-parte, the trial Court

had decreed the suit only on the basis of admission of the

defendants in the reply to the notice issued by the plaintiff.

5. Having considered the said fact, if the stay is refused to the

execution of the impugned decree, the appellant might suffer

substantial loss. In order to protect even the interest of the

respondents - original plaintiff, there shall be interim stay to the

execution of the decree, subject to deposit of Rs.20,00,000/-

(Rupees Twenty Lacs only) in the Executing Court with cost and

interest within four weeks.

6. Issue notice to the respondents, returnable on 27th September,

2023.

(PRITHVIRAJ K. CHAVAN, J.)

Signed by: Uday S. Jagtap Designation: PS To Honourable Judge 2 of 2 Date: 31/08/2023 15:39:24