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2026 DAILYLAW 13330 (BOM)

COSMOS TEXTILE MILLS PVT. LTD. v. M/S. DHANESH and CO. AND ORS.

CAF/3895/2018 · 2026-10-01

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Judgment text

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903-FA-1305-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1305 OF 2026 WITH CIVIL APPLICATION NO. 3895 OF 2018 IN FIRST APPEAL NO. 1305 OF 2026 Cosmos Textile Mills Pvt. Ltd. ...Appellant Versus M/s. Dhanesh And Co. Thr Its Partner Shri Nainesh Vijaykumar Shah And Ors. ...Respondent(s) _______ Mr. Mihir Govilkar , for Appellant. None for Respondents. _______ CORAM: AARTI SATHE, J. DATE: 01 OCTOBER 2026 P.C. 1. This First Appeal has been preferred against the Judgment and Order dated 24 April 2018 passed by the learned Bombay City Civil Court, Borivali Division, Dindoshi, Goregaon, in Summary Suit No. 61 of 2014. 2. Learned Counsel appearing for the Appellant submits that execution proceedings are pending before the learned 2nd Senior Civil Judge, Ankleshwar, Gujarat, in Regular Darkhast No. 07 of 2026. In the circumstances, we request the learned Executing Court to defer the execution proceedings for a period of 12 weeks. Mane 903-FA-1305-26.DOC 3. Insofar as Civil Application No. 3895 of 2018 is concerned, learned Counsel appearing for the Appellant submits that, pending the disposal of the aforesaid First Appeal, the Appellant is willing to deposit with this Court an amount of Rs.4,86,848/-. 4. Subject to the Appellant depositing the aforesaid amount within a period of four weeks from today, the execution of the Judgment and Order dated 24 April 2018 shall remain stayed. 5. Ad-interim relief in terms of prayer clause (a) is granted. 6. The Civil Application stands disposed of accordingly. 7. List the First Appeal on 23 December 2026. (AARTI SATHE, J.) Mane