Satyanarayan Banarasidas Agarwal vs Vimla Anil Agarwal And Ors.
2025 Latest Caselaw 7035 Bom

Bombay High Court

Satyanarayan Banarasidas Agarwal vs Vimla Anil Agarwal And Ors. on 31 October, 2025

Jayashri Lande                                               FOB-IA-3486-2025-FA-506-2023.doc


           Digitally
           signed by
           JYOTI
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JYOTI      PRAKASH
PRAKASH    PAWAR
PAWAR      Date:
           2025.10.31
           17:38:56
                                  CIVIL APPELLATE JURISDICTION
           +0530




                               INTERIM APPLICATION NO. 3486 OF 2025
                                                 IN
                                   FIRST APPEAL NO.506 OF 2023
                                                 IN
                                     S.C. SUIT NO.3802 OF 2010


Satyanarayan Banarasidas Agarwal                           ...Appellant /Applicant
                                                            (Org. Defendant No.1)

IN THE MATTER BETWEEN
Satyanarayan Banarasidas Agarwal                           ...Appellant / Applicant
                                                             (Org. Defendant No.1)

                        V/s.

Vimla Anil Agarwal & Ors.                                  ...Respondent No.1
                                                            (Org. Plaintiffs)

                               ____________________________________

Ms. Prachi Parmar, Ms. Vaishali Sanghavi and Mr. Ameet Mehta i/b
M/s. Solics Lex. for Applicant / Appellant / Org. Def. No.1
                                ___________________________________

                                          CORAM : FARHAN P. DUBASH, J.

                                          DATE     : 31ST OCTOBER 2025
                                                     (VACATION COURT)

ORDER :

1. The Applicant has moved the captioned Interim Application

seeking continuation of the Stay Order that was initially granted in his favour

on 15th April 2025 by this Court (Sharmila Deshmukh, J.). By the said Order

Jayashri Lande FOB-IA-3486-2025-FA-506-2023.doc

dated 15th April 2025, this Court had recorded that the Applicant had made

out a case for grant of ad-interim reliefs in his favour and accordingly, the

judgment and decree dated 16th September 2020 that was impugned in the

First Appeal was stayed till the next date and notice was issued to the

Respondents which was made returnable after a period of six weeks viz 24th

June 2025.

2. It appears that despite service of the First Appeal, none has

appeared for the Respondents and as a result, since 24th June 2025, the

Applicant has been getting the stay that was granted vide the said order

dated 15th April 2025, extended from time to time, the last of which

extension, is in place and stated to expire on 31st October 2025 viz. today.

3. Due to inadvertence, the Applicant had moved a Praecipe

seeking circulation of this matter before the Co-ordinate Bench of this Court

(viz. before Manjusha Deshpande, J.). However, since the assignment was

not with that Bench, circulation was not granted and as a result, the matter

was mentioned before me today and taken up for consideration upon

mentioning.

4. In the above circumstances, the following order is passed :

ORDER

(a) The stay of the impugned Judgment and Decree dated 16th

September 2020 that was granted by this Court vide Order

Jayashri Lande FOB-IA-3486-2025-FA-506-2023.doc

15th April 2025 is hereby extended till 1st December 2025.

(b) Liberty is given to the Applicant to mention the captioned

First Appeal for an early date of hearing.

( FARHAN P. DUBASH, J. )