Kripa Shanker @ Sanjay Pandey vs Vijendra Bhatnagar
2021 Latest Caselaw 3206 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet

                                      FA No. 200 of 2019
              Kripa Shanker @ Sanjay Pandey -Versus- Vijendra Bhatnagar




17/11/2021          Mr. Khilesh Sahu, Advocate on behalf of Mr. Pankaj Singh,

             Advocate for the appellant.


                    Mr. Ravindra Sharma, Advocate for the respondent.

Heard on I.A. No.3, which is an application under Order 41 Rule 5.

By way of the said application the appellant is seeking stay of the

execution of the judgment and decree dated 03.08.2018 passed by the

Court of 2nd Additional Judge to the Court of 1st Additional District Judge,

Raipur in Civil Suit No. 26B/2012.

Considering the fact that it is a money decree where the suit has

been decided in favour of the respondent/plaintiff directing the appellant to

pay an amount of Rs.21 lakhs with interest @6% per annum from the date

of institution of the suit till realization of the said amount.

On due consideration we are inclined to stay the execution of the

said judgment and decree till the next date of hearing subject to the

appellant furnishing a bank guarantee for an amount of Rs.21 lakhs within a period of 4 weeks before the trial Court and the bank guarantee shall not

be encashed by the appellant without the leave of this Court or the final

decision in this appeal, which ever is earlier.

Let the appeal be listed for final hearing along with FA No.

317/2019. Meanwhile, the appellant within a period of 8 weeks shall also

ensure filing of paper book.

                    Sd/-                                         Sd/-
              (P. Sam Koshy)                            (Parth Prateem Sahu)
                   Judge                                        Judge




Ved