Bombay High Court

CENTRUM CAPITAL LTD.versusSHRI. MADAN JHAMAND BABANI

Decided: 17 February 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court disposed of the civil application as there was no outstanding amount to enforce.

Summary

The applicant, Centrum Capital Ltd., filed a civil application seeking a stay of the September 21, 2017 order that decreed a suit and directed original defendant No.3 to pay Rs.22,11,114 with interest. The applicant claimed that, through execution proceedings, it had already received Rs.49,02,450, which more than satisfied the decree amount. Consequently, the applicant argued that there was nothing left to enforce and therefore no basis for the stay. The court examined the claim of satisfaction and found that the decree had indeed been fully satisfied. As no amount remained outstanding, the court saw no merit in the application for a stay. The civil application was consequently disposed of.

Issues considered

What is the appropriate remedy when a decree has been fully satisfied through execution proceedings?
Whether a civil application for a stay of a decree is maintainable when the decree amount has already been paid?

Subjects

civil application
stay of decree
execution proceedings
decree satisfaction
High Court of Bombay

Judgment

HMK 1 22. CAF-3054-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 3054 OF 2018
IN
FIRST APPEAL NO. 1103 OF 2019

Centrum Capital Ltd. ….Applicant/Appellant

Versus

Madan Jhamandas Babani .…Respondent
__________________________________________________________________

Mr. Noel Thomes i/by Link Legal for the Applicant/Appellant.
Mr. Udoya S. Samudrala a/w. Ms. Vaishnavi Ugale for the Respondent.
__________________________________________________________________

CORAM : JITENDRA JAIN, J.
DATED : 17th FEBRUARY 2026

P. C. :

1. This Civil Application is filed for staying the impugned order dated
21st September, 2017, by which, the suit was decreed and original
defendant no.3 was directed to pay Rs.22,11,114/- along with interest.

2. The learned counsel for the plaintiff states that they had taken out
execution proceedings and pursuant thereto, they have received
Rs.49,02,450/-.

3. The plaintiff has received above amount and, therefore, nothing
survives in the present Civil Application.

4. Civil Application is disposed of accordingly.

[ JITENDRA JAIN, J. ]

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