Citation : 2022 Latest Caselaw 492 AP
Judgement Date : 31 January, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: S.A.No.40 of 2022
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
02. 31.01.2022 MVR, J
S.A.No.40 OF 2022
Heard Sri I. Venkata Prasad, learned
counsel for appellant.
Admit.
The following are the substantial
questions of law:
1. Whether the past consideration due
to a third party be treated proper
consideration in respect of a
promissory note as observed by the
learned appellate Judge?
2. In the circumstances to consider the
question No.1 above, the
presumption under Section 118 of
the Negotiable Instrument Act
supports the contention of the
respondent/plaintiff that Ex.A.1 suit
promissory note is supported by consideration?
3. Whether the reversal of findings of the High Court by appellate court is justified in law?
Notice to respondent.
List the matter during the first week of April, 2022.
________ MVR, J
I.A.No.2 of 2022
Heard.
In the circumstances, there shall be interim stay of all further proceedings, including execution of the decree relatable to O.S.No.572 of 2012 passed by the appellate SL. DATE ORDER OFFICE NO. NOTE court in A.S.No.106 of 2018 by the Judgment dated 30.03.2021, subject to the appellant depositing 50% of the decretal amount along with full costs as directed by the decree of the appellate court to the credit of suit, within six (06) weeks from now. If the appellant did not deposit the amount as stated above, this interim stay gets vacated automatically without there being further orders of this Court.
Notice.
________ MVR, J Ks
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