Date: 05-03-2019
Business: Adv. N.B. Bhadang with Adv. Arun Siwach, Adv. Vinamra Kopariha and Adv. Prachi Vasudeo for appellant present.
Adv. V.Y. Sanglikar for respondents present.
Exh.2Stay application.
Heard Mr. N.B. Bhadang, Ld. Counsel for appellant. Ld. Counsel submits that the appellant is ready to deposit 20 to 25 per cent of the amount assessed towards damages by Estate Officer i.e. Respondent No.2.
Mr. V.Y. Sanglikar, Ld.Counsel for respondents, on the other hand, opposed the submissions by contending that in fact the whole amount towards damages ought to be deposited by appellant if they want any kind of interim relief.
The Ld. Counsel also placed reliance on M/s Balmer Lawrie and Company Ltd. V/s New India Assurance Company Ltd and Anr. to substantiate his submissions.
On going through the judgment (supra) it is seen that the Hon\''ble Court has made an observation to the effect that the normal rule is that the party seeking stay on execution of decree is required to deposit the entire decreetal amount. It may be noted that in the said case the appellate court had ordered the petitioner to deposit only 50 per cent of the amount determined by the Estate Officer which was not found to be unreasonable by the Hon ble High Court.
In the instant case, I have already directed the parties to expedite the matter. Since the matter on its very inception is expedited, this Court therefore directs the appellant to deposit 35 per cent of the determined amount i.e. 3,21,43,440/- within three weeks from today.
Meantime, pending hearing and final disposal of the present appeal, the effect, operation and execution of the order dated 15/02/2019 passed by the Estate Officer is stayed until further orders.
Adjd. to 15/03/2019 for R and P and hearing on admission of appeal.
Next Purpose: AWAITING R AND P
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Arun Siwach with Adv. Vinamra Kapariha i/b Cyril Amarchand Mangaldas for appellant present.
Adv. V.Y. Sanglikar for respondent present.
Appellant has complied the order dated 05/03/2019.
Respondent files copy of R and P (in 2 volumes). Copy served to other side.
Adjd. to 12/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Adv. Arun Siwach with Av. Vinamra Koparina i/b Cyril Amarchand Mangaldas for appellant present.
Adv. V.Y. Sanglikar for respondent present.
At the request of Ld. Counsel for appellant, adjd. to 30/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. N.B. Bhadang i/b Cyril Amarchand Mangaldas for appellant present
Adv. V.Y. Sanglikar for respondent present.
As the Court is busy in dictating judgment in S.C. 64/17, adjd. to 19/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Adv. N.B. Bhadang with Adv. Arun Siwach i/b Cyril Amarchand Mangaldas for appellant present.
Adv. Sheetal Ekawade h/f Adv. V.Y. Sanglikar for respondent present.
By consent, adjd. to 24/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Mr.Arun Siwach a/w Adv. Mr.Vinamra Kopaliha and Adv. Ms.Prachi vasudeo i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. Ms.Vaishali Ugale h/f Adv. Mr.V.Y.Sangalikar for respondent is present.
At the request for advocate of respondent, adjd. to 22.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Mr.Niranjan Bhadhang a/w Adv. Mr.Vinamra Kapariha i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. Ms.Vaishali Ugale i/b Adv. Mr.V.Y. Sangalikar for respondent is present.
As the Court is busy in hearing part heard matter, by consent of parties, adjourned to 20.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI A. N. KARMARKAR (C.R. No.54)
(Matter pertains to C.R. No.19)
Adv. Niranjan Bhadang for appellant present.
Adv. Ms. Vaishali Ugale i/b V. Y. Sanglikar and Co. for respondent.
Adjourned to 15.10.2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Arun Siwash for appellant is present.
Adv. Vaishali Ugale i/b V. Y. Sanglikar and Co. for respondent is present.
Adjourned to 27.11.2019 for Hearing.
Earlier order to continue till next date, if any.
Next Purpose: HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Prachi Vasudev i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. V. Y. Sangalikar a/w Adv. Vaishali Ugale for respondent is present.
At the request of advocate for appellant, adjourned to 21.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. Vinamra Kopariha i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
At the request of advocate for appellant, adjourned to 16.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Niranjan Bhadang a/w Adv. Arun Siwach and Adv. Vinamra Kopariha i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Partly heard final arguments of Adv. Bhadang for appellant till 01.45 pm.
Adjourned to 28.01.2020 for Further Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Niranjan Bhadang a/w Adv. Arun Siwach, Adv. Prachi Vasudeo and Adv. Vinamra Kopariha i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. Vaishali Ugale a/w Adv. Rohini Bhadarkar i/b Adv. V. Y. Sangalikar for respondent is present.
As the court is busy in hearing part heard Misc Appeal No.80/18 and 81/18.
Adjourned to 04.02.2020 for Arguments P/H.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Niranjan Bhadang a/w Adv. Arun Siwach, Adv. Prachi Vasudeo and Adv. Vinamra Kopariha i/b Cyril Amarchand Mangaldas for appellant present.
Adv. Rohini Bhadavkar i/b Adv. V. Y. Sangalikar for respondent present.
Heard final arguments of Ld. Adv. Niranjan Bhadang for appellant.
Advocate for respondent submits that her senior advocate Mr.V. Y. Sangalikar is busy before the Honble High Court hence seeks adjournment.
Adjourned to 15.02.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Vinamra Kopariha a/w Adv. Prachi Vasudeo i/b Cyril Amarchand Mangaldas for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Heard partly final arguments of Adv. Sangalikar for respondent.
Adjourned to 21.02.2020 at 04.00 pm for Arguments P/H.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Vinamra Kopariha i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Heard final arguments of Adv. Sangalikar for respondent.
Adjourned to 05.03.2020 at 12.00 pm for Arguments in Reply.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Niranjan Bhadang a/w Adv. Arun Siwach, Adv. Vinamra Kopariha and Adv. Prachi Vasudeo i/b Cyril Amarchand Mangaldas for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Heard arguments in reply of both the sides.
Adjourned to 26.03.2020 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: Due to COVID-19 the regular Courts are not functioning and as per directions of the Hon''ble High Court only extreme urgent matters are being taken and even the majority of the staff is shunt. The Court Stenographer is not available. Hence, matter adjd. to 07/04/2020 for arguments.
Next Purpose: JUDGMENT
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: Due to COVID-19 the regular Courts are not functioning and as per directions of the Hon''ble High Court only extreme urgent matters are being taken and even the majority of the staff is shunt. The Court Stenographer is not available. Hence, matter adjd. to 08/05/2020 for arguments.
Reason For Adjournment: National Lock Down
Next Purpose: JUDGMENT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: Due to COVID-19 the regular Courts are not functioning and as per directions of the Hon\''ble High Court only extreme urgent matters are being taken and even the majority of the staff is shunt. The Court Stenographer is not available. Hence, matter adjd. to 12/05/2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Adv. Mr. Niranjan Bhadang i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. Mr. V. Y. Sangalikar for respondent is present.
Heard both sides.
Adjourned to 30.09.2020 for filing citations.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Adv. Mr. Niranjan Bhadang a/w Adv. Mr. Arun Siwach i/b Cyril Amarchand Mangaldas for appellant is present.
Adv. Mr. V.Y. Sangalikar for respondent is present.
Ld. Adv. for applicant files written arguments and compilation of citations. TOR and marked as Exh.3 and 4.
Ld. Adv. for respondent files written arguments. TOR and marked as Exh.5.
Heard further arguments of both sides.
Adv. for appellant seeks time for rejoinder argument. Time granted.
Adjourned to 05.10.2020 for rejoinder argument on behalf of appellant.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Adv. Arun Siwach I/b Cyril Amarchand Mangaldas for appellant is present and filed additional written arguments on behalf of appellant. TOR and marked as Exh.3-A.
Adv. V. Y Sangalikar for respondent is present and files index of additional judgments (citations).
Adjourned to 20.10.2020 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Adv. Mr. Vinamra Kopariha Instructed by Cyril Amarchand Mangaldas for appellant is present.
Adv. Ms. Shital Ekawade Holding for Adv. V. Y Sangalikar for respondent is present.
Judgment is pronounced in the open Court.
Following order is passed.
ORDER
Misc. Appeal 99/2019 stands dismissed.
Learned counsel for the appellant seeks continuation of interim order for a reasonable period to enable him approach the Honorable High Court.
Learned counsel for the respondent objects for the same.
However, considering the fact that the interim order continued for a sufficiently long period while pendency of the appeal before this Court and also considering the pandemic of COVID-19, interim order to continue for a period of four weeks from today.
Nature Of Disposal: DISMISSED
Disposal Date: 20-10-2020