The Sampada Sahakari Bank Ltd vs Banque Nationale De Paris And Ors
2024 Latest Caselaw 22815 Bom

Bombay High Court

The Sampada Sahakari Bank Ltd vs Banque Nationale De Paris And Ors on 6 August, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

2024:BHC-AS:31284

                                                                                 3caf812-16


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION


                                  CIVIL APPLICATION NO.812 OF 2016
                                                 IN
                                    FIRST APPEAL NO. 320 OF 2016

                The Sampada Sahakari Bank Ltd.                          ... Applicant.
                      Versus
                Banque Nationale De Paris and Ors.                      ... Respondents.

                                                  ----------
                Mr. Neel Pungliya, for the Applicant.
                                                 ----------

                                              Coram : Sharmila U. Deshmukh, J.

Date : August 06, 2024 P. C. :

1. Civil Application has been preferred seeking stay of the

impugned judgment dated 1st April, 2015. The decree is a money

decree and it is well settled that the deposit is a rule and waiver is an

exception. No case of waiver is made out except pleading that though

the bill of exchange is co-accepted by the present Appellant, the same

was result of fraud by the Chairman and the Secretary. The reason is

not sufficient to grant stay without deposit of the decretal amount

alongwith interest.

2. The Interim Application is allowed in terms of the prayer clause

"a", subject to the deposit of the decretal amount alongwith interest

within a period of eight weeks from today. Prayer clause "a" reads

thus:

                sa_mandawgad                        1 of 2
                                                                                               3caf812-16

"a. Pending the hearing and final disposal of the present Appeal, the effect, operation, execution and implementation of the impugned order dated 1 st April, 2015 be stayed;".

[Sharmila U. Deshmukh, J.]

2 of 2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 07/08/2024 11:00:52