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Bombay High Court

PUNE MUNICIPAL TRANSPORTversusSUCHITRA ASHOK DHUMAL AND ORS.

Decided
Disposal
Disposed Off

Holding

The court granted a stay of the judgment for eight weeks subject to the respondents withdrawing fifty percent of the amount fixed with interest and providing an undertaking.

Summary

Satish Ramchandra Sangar filed a first appeal (No. 1944 of 2005) before the High Court of Bombay challenging a prior judgment. After the judgment was pronounced, the appellant’s counsel sought a stay of that judgment. The court considered the application and the respondents’ opposition. It granted a stay for eight weeks, conditioning it on the respondents withdrawing fifty percent of the amount fixed by the court, together with interest, and furnishing an undertaking to return the amount if directed. The order thus temporarily suspends the operative effect of the earlier judgment pending compliance with the stipulated conditions.

Issues considered

  • Whether a stay of the judgment should be granted pending compliance with monetary conditions?

Subjects

  • stay of execution
  • civil appeal
  • court order
  • conditional stay
  • monetary withdrawal

Judgment

                                                                              901-FA-1944-2005.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

SATISH                                 FIRST APPEAL NO.1944 OF 2005
RAMCHANDRA
SANGAR

Digitally signed by
SATISH RAMCHANDRA     Pune Municipal Transport                                ...Appellant
SANGAR
Date: 2026.09.23
19:28:03 +0530
                             V/s.
                      Suchitra Ashok Dhumal and Ors.                          ...Respondents
                                                       *****

                      Ms.Madhavi Tavanandi:-                  Advocate for Appellant.
                      Mr.Gurunath B. Walawalkar a/w Advocates for Respondent Nos.1
                      Ms.Darshana V. Chavan i/b. to 4.
                      Mr.Shankar P. Thorat:-

                                                   *****
                                              CORAM :             S. M. MODAK, J.
                                              DATE        :       23rd SEPTEMBER 2026
                      P. C. :-

                      1.     After pronouncement of the judgment, learned Advocate for the

                      Appellant prayed for stay to the said judgment. It is opposed on behalf

                      of the Respondents.

                      2.     Let stay be granted for 8 weeks subject to withdrawal by the

                      Respondents to the tune of 50% of the amount fixed by this Court

                      along with interest, if it is not already withdrawn, on furnishing an

                      undertaking that they will return the amount if directed.


                                                          [S. M. MODAK, J.]

                      Satish Sangar                                                             1/1


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