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Bombay High Court

ICICI BANK LTD.versusSHIPPING CORPORATION OF INDIA LTD. AND ANR.

Decided
Disposal
Disposed Off

Holding

The stay of the impugned order is upheld until the final hearing, having been conditioned on the appellant's full deposit of the decretal amount.

Summary

The appellant, ICICI Bank Ltd., filed an interim application seeking a stay of the impugned order in First Appeal No. 537 of 2021. The respondents, Shipping Corporation of India Ltd. and another, opposed the stay. The court noted that the stay had been conditioned on the deposit of the entire decretal amount, which the appellant had complied with. Consequently, the court disposed of the interim application, confirming that the impugned order would remain stayed pending the final hearing. The matter was adjourned for further proceedings, with a re-notice scheduled for 2 December 2026.

Issues considered

  • Whether the impugned order should be stayed pending deposit of the decretal amount

Subjects

  • stay of order
  • interim application
  • civil procedure
  • deposit of decree amount
  • high court

Judgment

                                                             1/2                  23 FA-537-2021.DOC




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION


                                               FIRST APPEAL NO. 537 OF 2021
        Digitally
        signed by
        SAIRAJ
SAIRAJ  SANJAY
SANJAY  KARANDE      ICICI Bank Ltd.                                       … Appellant
KARANDE Date:
        2026.09.24
        15:25:29
        +0530
                                     Vs.
                     Shipping Corporation of India Ltd. & Another          … Respondents


                                                           WITH
                                           INTERIM APPLICATION NO. 3264 OF 2021
                                                             IN
                                               FIRST APPEAL NO. 537 OF 2021
                                                          _______
                     Mr. Mayur Bhojwani, Ms. Rutvi Soni i/b Manilal Kher Ambalal and Co. for
                     Appellant-ICICI Bank.


                     Mr. Satyaprakash Sharma for the Respondent No. 1.
                                                          _______
                                                  CORAM          :   ARIF S. DOCTOR, J.
                                                  DATE           :   23rd SEPTEMBER 2026.
                     P.C.


                     First Appeal No. 537 of 2021 :


                     1.       Learned counsel for the parties submit that they have to file a joint


                     convenience compilation, for this purpose, they have to take inspection and then


                     prepare joint compilation.


                     2.       Re-notify on 2nd December, 2026.




                     Sairaj
                                           2/2                       23 FA-537-2021.DOC


Interim Application No. 3264 of 2021 :


3.       I am informed that this Interim Application is for stay.


4.       The impugned order was stayed subject to deposit of entire decretal


amount, that has now been complied with.


5.       Accordingly, Interim Application is disposed of and impugned order shall


stand stayed until hearing and final disposal of the case.




                                                                    (ARIF S. DOCTOR, J.)




Sairaj


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