Mr. Vijay Rupchand Ranka vs Mr. Praful Manohar Vaidya
2023 Latest Caselaw 2288 Bom

                                                                       17-caf-14-2020.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO. 14 OF 2020
                                                   IN
                                      FIRST APPEAL NO. 855 OF 2019

                   Vijay Rupchand Ranka                         ...      Applicant

                   IN THE MATTER BETWEEN

                   Praful Manohar Vaidya                        ...      Appellant
                          Versus
                   Vijay Rupchand Ranka                         ...      Respondent
                                                  .....
                   Mr. Armaan Grewal i/b N. N. Vaishnawa and Co., for the Applicant/
                   Respondent.

                   Mr. E.A. Sasi for the Appellant.
                                                       .....

                                              CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 9th MARCH, 2023.

P.C.

The applicant is the original plaintiff whose suit came to be

decreed by the Bombay City Civil Court. This Court by an order

dated June 18, 2019, on an application moved by the defendant

seeking stay to the operation and implementation of the impugned

judgment and decree inter alia passed an order, which reads thus;

"8 Hence, following order is passed:

a. The operation and implementation of the impugned judgment and decree dated 25.03.2019 passed by the learned Judge, Bombay City Civil Court at Mumbai in REKHA Summary Suit No.7549/2006 (H.C.Suit No.3261/2006) PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Date: 2023.03.10 15:40:47 +0530 Rekha Patil 1 of 3 17-caf-14-2020.doc

is stayed till hearing and final disposal of the First Appeal.

b. The Applicant to deposit the entire decretal amount including interest after adjusting the amount already deposited by him in the Trial Court on or before 06.07.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c. If amount is deposited within stipulated time as stated hereinabove the Trial Court is directed to invest the same in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

d. Liberty granted to the Respondent to prefer an appropriate Application for withdrawal of the decretal amount amount, if they so desire, which will be decided on its own merits.

e. The Civil Application stands disposed of accordingly.

f. The Appellant is directed to remove all office objections in the First Appeal on or before 05.07.2019, failing which the First Appeal shall stand dismissed without further reference to the court.

g. If all Office objections are removed within stipulated time as stated hereinabove, Office is directed to place the matter on board on 08.07.2019, for admission."

Rekha Patil                                                          2 of 3
                                                 17-caf-14-2020.doc




2     Learned Counsel for the appellant/defendant submits that reply

is ready but could not file, however, copy is furnished to the Counsel

for the plaintiff/respondent.

3 Learned Counsel for the appellant seeks time to ascertain about

capability of the plaintiff/respondent to refund the amount, if his

application for withdrawal is permitted.

4 Hence, stand over to 23rd March, 2023.

                                      [PRITHVIRAJ K. CHAVAN, J.]




    Rekha Patil                                                  3 of 3