:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Civil Application No. 3583 of 2008 Civil Application No. 3583 of 2008 Civil Application No. 3583 of 2008 in in in First Appeal No. 1355 of 2008 First Appeal No. 1355 of 2008 First Appeal No. 1355 of 2008 M/s. Goyal Cattle Feed Industries. ..Appellants. Versus. Food Corporation of India. ..Respondents. --- Mr. Rohan Shinde i/b M/s. Jay & Co., for the applicant. Mr. D. S. Sapkale for the respondents. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. Suit for recovery of damages for not lifting the wheat, rice and etc., as per the contract was filed and the Court has decreed the said suit for an amount of Rs.42,65,058/- in favour of the plaintiff - respondent herein. 2. Admittedly, goods were not lifted and they were later sold by the plaintiffs. However the impugned judgment does not contain the reasoning and the particulars in respect of the valuation of the damages. It further appears that a similar suit is pending against third party also. Whether for the same contract and the goods double damages can be recovered, is the question to be considered. In the absence of valuation of the damages it is :2: :2: :2: inappropriate to direct the defendant - appellant to obey the decree. Prima facie, we find that there is a case for grant of stay. Though in a money decree normally we do not grant a stay unless some conditions are imposed, however, as prima facie we find that the impugned judgment suffers from so many defects, we are inclined to grant a complete stay to the decree. Therefore civil application is allowed in terms of prayer clause (a). (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) :3: :3: :3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE First Appeal No. 1355 of 2008 First Appeal No. 1355 of 2008 First Appeal No. 1355 of 2008 M/s. Goyal Cattle Feed Industries. ..Appellants. Versus. Food Corporation of India. ..Respondents. --- Mr. Rohan Shinde i/b M/s. Jay & Co., for the applicant. Mr. D. S. Sapkale for the respondents. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & A. A. SAYED,JJ. A. A. SAYED,JJ. A. A. SAYED,JJ. DATE: November 26, 2008. DATE: November 26, 2008. DATE: November 26, 2008. P.C. P.C. P.C. 1. Heard. Admit. (A.A.SAYED, J.) (A.A.SAYED, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)