Bombay High Court Grants Interim Stay in Trust Dispute Based on Prior Judgment. Court grants interim stay in terms of prayer clause (c) having regard to earlier judgment and complaint against respondent.

High Court: Bombay High Court
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Case Note & Summary

The case involves a writ petition filed by the President of Shri Pant Amatya Bal Vikas Vishwastha Nidhi and another petitioner against Sudhakar Narayan Shinde and another respondent. The court heard the parties and issued rule. Having regard to a judgment of the same court dated 17.1.2005 in Writ Petition No.1539 of 1992 (Karachi Education Society & Ors. v. Shri Pruthviraj R. Merchant & Anr.) and in view of the complaint against respondent no.1, the court granted an interim stay in terms of prayer clause (c). The order was passed by Justice S.A. Bobde on January 19, 2005.

Headnote

A) Civil Procedure - Interim Stay - Interim Relief - Court granted interim stay in terms of prayer clause (c) having regard to a prior judgment of the same Court dated 17.1.2005 in Writ Petition No.1539 of 1992 and in view of the complaint against respondent no.1 - Held that interim stay is warranted (Paras 1-2).

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Issue of Consideration

Whether interim stay should be granted pending disposal of the writ petition

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Final Decision

Rule issued. Interim stay granted in terms of prayer clause (c) having regard to the judgment dated 17.1.2005 in Writ Petition No.1539 of 1992 and in view of the complaint against respondent no.1.

Law Points

  • Interim stay granted in view of earlier judgment
  • complaint against respondent considered
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Case Details

2005 LawText (BOM) (01) 11

Writ Petition No.8459 of 2003

2005-01-19

S.A. Bobde

Mr.S.V.Sadavarte for the petitioners, Mr.S. Manale i/b. Mr.S.S.Pakale for respondent no.1

The President, Shri Pant Amatya Bal Vikas Vishwastha Nidhi & Anr.

Shri Sudhakar Narayan Shinde & Anr.

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Nature of Litigation

Writ petition seeking interim stay

Remedy Sought

Interim stay in terms of prayer clause (c)

Previous Decisions

Judgment dated 17.1.2005 in Writ Petition No.1539 of 1992 (Karachi Education Society & Ors. v. Shri Pruthviraj R. Merchant & Anr.)

Issues

Whether interim stay should be granted

Submissions/Arguments

Heard parties

Ratio Decidendi

Interim stay can be granted having regard to a prior judgment of the same court and in view of a complaint against the respondent.

Judgment Excerpts

Having regard to the judgement of this Court dated 17.1.2005 in Writ Petition no.1539 1992 (Karachi Education Society & Ors. v. Shri Pruthviraj R. Merchant & Anr.) and in view of the complaint against respondent no.1, there shall be interim stay in terms of prayer clause (c).

Procedural History

Writ Petition No.8459 of 2003 filed. Heard on 19.1.2005. Rule issued and interim stay granted.

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