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Bombay High Court

THE MANAGER, SHRIRAM TRANSPORT FINANCE CO LTDversusMANISHA KAILAS BADHE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court granted a stay of execution of the impugned judgment and award until the appeal is decided.

Summary

The Manager of Shriram Transport Finance Co Ltd filed a first appeal (No. 2857 of 2024) against Manisha Kailas Badhe and others. Along with the appeal, the appellant submitted a civil application seeking a stay of execution of the impugned judgment and award. The appellant contended that the entire amount awarded had already been deposited with the court. The learned judge considered the application and the fact of deposit. Consequently, the court ordered a stay of the judgment and award pending the outcome of the appeal and disposed of the application. The matter was listed for further arguments on 16 February 2026.

Issues considered

  • Whether a stay of execution of the impugned judgment and award should be granted pending the appeal

Subjects

  • stay of execution
  • civil appeal
  • judgment
  • award
  • High Court of Bombay

Judgment

                                        1                             966 fa.2857.24.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                   966 FIRST APPEAL NO. 2857 OF 2024

      THE MANAGER, SHRIRAM TRANSPORT FINANCE CO LTD
                                 VERSUS
                   MANISHA KAILAS BADHE AND ORS
                                     ...
Advocate for Appellant : Mr. Rushikesh S. Gangakhedkar.
Advocate for Respondent Nos.1 to 6 : Mr. R. L. Kute, h/f Mr. D. A. Bide.
                                     ...

                                 WITH
                  CIVIL APPLICATION NO. 5631 OF 2024
                            IN FA/2857/2024

                                 WITH
                  CIVIL APPLICATION NO. 5253 OF 2025
                            IN FA/2857/2024
                                   ...


                                 CORAM : SANJAY A. DESHMUKH, J.
                                 DATE       :   28th January, 2026.

P.C.:

Application for stay:

1       This is an application seeking stay to the execution of the

impugned judgment and award.


2       Heard the learned counsel for the parties.             Perused the

application.


3       The learned counsel for the applicant / appellant submits that the

entire amount as per the impugned judgment and award is deposited

in this Court.
                                         2                       966 fa.2857.24.odt



      4     In view of the above, there shall be stay to the impugned

      judgment and award till the pendency of the appeal. The application

      stands disposed of.


      5     List the remaining matters on 16th February, 2026, for filing

      written notes of arguments.



                                         [ SANJAY A. DESHMUKH, J. ]
nga


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