COSMOS TEXTILE MILLS PVT. LTD.versusM/S. DHANESH and CO. AND ORS.

                                                                     903-FA-1305-26.DOC



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO. 1305 OF 2026
                                 WITH
                   CIVIL APPLICATION NO. 3895 OF 2018
                                   IN
                      FIRST APPEAL NO. 1305 OF 2026


Cosmos Textile Mills Pvt. Ltd.                        ...Appellant
       Versus
M/s. Dhanesh And Co. Thr Its
Partner Shri Nainesh Vijaykumar
Shah And Ors.                                         ...Respondent(s)

                                      _______
Mr. Mihir Govilkar , for Appellant.
None for Respondents.
                                      _______

                           CORAM:          AARTI SATHE, J.

                             DATE:         01 OCTOBER 2026

P.C.

1.         This First Appeal has been preferred against the Judgment and Order

dated 24 April 2018 passed by the learned Bombay City Civil Court, Borivali

Division, Dindoshi, Goregaon, in Summary Suit No. 61 of 2014.

2.        Learned Counsel appearing for the Appellant submits that execution

proceedings are pending before the learned 2nd Senior Civil Judge, Ankleshwar,

Gujarat, in Regular Darkhast No. 07 of 2026. In the circumstances, we request the

learned Executing Court to defer the execution proceedings for a period of 12

weeks.




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3.     Insofar as Civil Application No. 3895 of 2018 is concerned, learned

Counsel appearing for the Appellant submits that, pending the disposal of the

aforesaid First Appeal, the Appellant is willing to deposit with this Court an

amount of Rs.4,86,848/-.

4.     Subject to the Appellant depositing the aforesaid amount within a period of

four weeks from today, the execution of the Judgment and Order dated 24 April

2018 shall remain stayed.

5.     Ad-interim relief in terms of prayer clause (a) is granted.

6.     The Civil Application stands disposed of accordingly.

7.     List the First Appeal on 23 December 2026.




                                            (AARTI SATHE, J.)




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