Andhra Pradesh High Court - Amravati
Gopu Satyanrayana vs Sri Vijayalakshmi Finace, ... on 7 January, 2021
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWELFTH DAY OF OCTOBER, | ~
TWO THOUSAND AND TWENTY
: PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
IA No. 3 OF 2019
IN
AS NO: 408 OF 2019
Between:
Gopu Satyanarayana, S/o Babu Rao, aged about 50 years, Occ. Business, R/o H. NO.
59-10-1/1, Weavers Colony, Rajamahendravaram, E.G. District.
...Petitioner
AND
M/s. Sri Vijayalakshmi Finace, Rajahmundry, Rep. by its Proprietor, M.V.S. Prasad, S/o
MBLN Rao, Hindu, aged about 55 years, R/o H. NO.56-13-8, Vidhya Nagar,
Rajahmundry, East Godavari District.
..Respondent
Counsel for the Petitioner: SRI V SUBRAHMANYAM
Counsel for the Respondent: ---
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to grant stay of
all further proceedings in pursuance of the Judgment and Decree dated 16.04.2018
passed in O.S. No. 1 of 2011 on the file of court of | Addl. District Judge, East Godavari
District, Rajamahendravaram, pending disposal of AS No.408 of 2019, on the file of the
High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER
"This is an application filed to stay of all further proceedings in the
Judgment and decree dated 16.04.2018 in O.S.No.1 of 2011 on the file of the Court
of | Additional District Judge, East Godavari District, Rahamahendravaram.
The above suit was filed by the respondent herein for recovery of an
amount of Rs.13,42,528/- on the basis of a promissory note dated 04.12.1998.
The claim of the respondent herein was disputed by the appellant by way of
written statement and in the course of the trial before the trial Court. However,
the trial Court had decreed the suit.
It is the contention of the appellant that he has a good case on merits in as
much as the pronote that is said to have been signed by the appellant was
misused by the respondent herein. In the circumstances, the appellant seeks
stay of all further proceedings of the judgment and decree dated 16.04.2018.
Keeping in mind, the balance of convenience in the said case and following
the well established precedent of grant of stay of payment of the decretal amount,
there shall be interim stay of all further proceedings in pursuance of judgment
and decree dated 16.04.2018 in O.S.No.1 of 2011 on the file of the Court of |
Additional District Judge, East Godavari District, Rajahmahendravaram subject to
the condition that the appellant herein shall deposit 50% of the decretal amount
till today along with costs within a period of three (3) months and upon failing
which, the interim direction shall stand vacated. Upon such deposit, the
respondent shall be entitled to withdraw the amount deposited as costs."
Sd/-P.VenkataRaman
ASSISTANT R
I(TRUE COPY// -s
For ASSISTANT REG
STRAR
Contd..
[3206].
1. The | Addl. District Judge, Rajamahendravaram, East Godavari District.
2. The Proprietor, M/s. Sri Vijayalakshmi Finace, Rajahmundry, M.V.S. Prasad, S/o
MBLN Rao, Hindu, aged about 55 years, R/o H. NO.56-13-8, Vidhya Nagar,
Rajahmundry, East Godavari District.(By RPAD)
3. One CC to Sri V Subrahmanyam, Advocate [OPUC]
4. One spare copy
SP
Note: Amended the order dated 12.10.2020 in 1.A.No.3/2019 in AS No.408/2019 at
4". Paragraph in 12" line as "within a period of the three(3) months" instead of
"within a period of three(3) weeks" as per Court Order dated 07.01.2021 in
AS.No.408/2019.
Substitute this amended order dated 07.01.2021 in place of the earlier order
dated 12.10.2020 which was dispatched on 28.10.2020.
Sd/-T.Madhavi
ASSISTANT REGISTRAR
HIGH COURT
RRRJ
DATED: 12/10/2020
07-01-2021
AMENDED ORDER
IA No. 3 OF 2019
IN
AS NO: 408 OF 2019
STAY
1B aN ?n?!
