Mohd. Yusuf S/O Mohd. Shabbir vs Javed Mustaffa (Iqbal) ...
2023 Latest Caselaw 7393 Bom

                                                                                                                                       913. WP 4634 of 2023.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                        WRIT PETITION NO.4634/2023

                                                  Mohd. Yusuf s/o Mohd. Shabbir
                                                             ...Versus...
                                           Javed Mustaffa (Iqbal) Abdullabhai Kothawala
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                         Ms S.H. Bhagat, Advocate for petitioner

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 25/07/2023

1. Learned counsel for the petitioner, upon instructions, makes a statement that the interest @ 15/% per annum, as awarded by the learned Trial Court shall be deposited in this Court. That is the only ground for rejecting the application for grant of stay.

2. Issue notice for final disposal to the respondent, returnable on 07/08/2023.

3. By way of an ad interim order, the execution of the judgment and decree, passed by the learned Trial Court dated 21/09/2021 shall stand stayed subject to the condition of the petitioner depositing the entire interest in this Court by 28/07/2023, as awarded by the learned Trial Court. In case the interest is not so deposited, the interim order shall stand vacated without reference to the Court.

913. WP 4634 of 2023.odt

4. The petitioner shall serve the respondent by all modes of service permissible in law including Hamdast.

(AVINASH G. GHAROTE, J.)

Wadkar