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2021 Supreme(Bom) 1553
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
State Of Goa - Appellant
Versus
Kai Tech Constructions Pvt. Ltd - Respondent
Civil Application No. 2507 of 2021 (Filing) In Appeal Under Arbitration Act No. 2506 of 2021 (Filing)
Decided On : 02-12-2021
D. Pangam, Advocate, Shubham Priolkar, Advocate
The court's decision was influenced by the State's undertaking to deposit the entire decretal amount within a specified period, leading to an ad-interim stay on the execution proceedings.
Headnote:
Limitation - Question of Limitation - The court addressed the principal contention pertaining to the question of limitation in the appeal. The learned Advocate General stated that the State would deposit the entire decretal amount within four weeks, leading to an ad-interim stay on the execution proceedings.
Fact of the Case:
The court addressed the question of limitation in the appeal and recorded the principal contention pertaining to the limitation issue.
Finding of the Court:
The court directed the State to deposit the entire decretal amount within four weeks, leading to an ad-interim stay on the execution proceedings.
Issues: The principal contention pertaining to the question of limitation in the appeal.
Ratio Decidendi: The court's decision was influenced by the State's undertaking to deposit the entire decretal amount within four weeks, leading to an ad-interim stay on the execution proceedings.
Final Decision: The State was directed to deposit the entire decretal amount within four weeks, and an ad-interim stay was granted on the execution proceedings.
JUDGMENT
Manish Pitale, J. - Heard.
2. Issue notice, returnable on 24.01.2022.
3. The principal contention pertaining to the question of limitation is already recorded in the order issuing notice for final disposal in the accompanying Appeal.
4. The learned Advocate General makes a statement that the Applicant-Appellants-State shall deposit the entire decretal amount as per the Award i.e. Rs. 60,57,440/- within a period of four weeks from today.
5. Subject to the deposit of the said amount within the aforesaid period of four weeks, there shall be ad-interim stay to the Execution Proceedings till the next date of listing.
