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Bombay High Court

M/S Fortpoint Automotives Cars Pvt Ltd ... vs Vishwanath Surykant Keluskar And Ors on 3 September, 2025

Author: N. J. Jamadar

Bench: N. J. Jamadar

                                                                              12-WP-11379-2025.DOC

                                                                                       Arun Sankpal



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 11379 OF 2025


                   Fortpoint Automotives Cars Pvt Ltd Through Its                    ..Petitioner
                   Authorized Nitin Dashrath Kere
                         Versus
                   Vishwanath Suryakant Keluskar & Ors                         ...Respondents

                   Mr. R.A. Shaikh, with Hasan Sayed and Abdul Rehman Khan, for the
                         Petitioner.
                   Mr. A.K. Naik, AGP, for Respondent No.3-State.

                                                    CORAM:     N. J. JAMADAR, J.
                                                    DATED :    3rd SEPTEMBER 2025


                   P.C.:

1. Heard the learned Counsel for the Petitioner.

2. An arguable question as to whether the Appellate Court could have imposed the conditions as stipulated in the impugned order for stay to the execution and operation of the decree arises for consideration.

ARUN RAMCHANDRA SANKPAL

3. The learned Counsel submits that, the Petitioner is willing to Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.09.05 13:20:11 +0530 deposit the sum of Rs. 7 lakhs as provided in Clause 2(e) of the impugned order.

4. Issue notice to Respondents returnable on 24th September 2025.

5. Mr. Naik, the learned AGP, waives notice for Respondent No.3. 1/2 ::: Uploaded on - 05/09/2025 ::: Downloaded on - 05/09/2025 23:07:52 :::

12-WP-11379-2025.DOC

6. In addition to notice through Court, the Petitioner is at liberty to serve the Respondent Nos. 1 and 2 by private service and file an Affidavit of Service.

7. In the meanwhile, subject to the Petitioner depositing a sum of Rs. 7 lakhs, before the Appellate Court within a period of three weeks from today, the rest of the conditions in the impugned order shall stand stayed.

8. Stand over to 24th September 2025.

[N. J. JAMADAR, J.] 2/2 ::: Uploaded on - 05/09/2025 ::: Downloaded on - 05/09/2025 23:07:52 :::