M/S Agrawal Infrabuild Private ... vs Deepak Kumar Mandal
2021 Latest Caselaw 3412 Chatt

                 T O HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                   FA No. 437 of 2019
• M/s Agrawal Infrabuild Private Limited Through Director Ramavtar Agrawal S/o Satyapal
  Agrawal, R/o First Floor, V. R. Plaza, Link Road, Bilaspur, District Bilaspur, Chhattisgarh.
                                                                               ---- Appellant
                                         Versus
• Deepak Kumar Mandal S/o Debrata Mandal R/o Chichriya Bethuadhhari, Nakasipara,
  Nadia, West Bengal.
                                                                             ---- Respondent

30.11.2021 Mr. Anurag Singh, Counsel for the appellant.

Mr. Sharad Mishra, Counsel for the respondent.

Heard on I.A.No.1/2019, application under Section 5 of the

Limitation Act.

For the reasons mentioned in the application, the same is allowed.

Appeal is admitted for hearing.

Also heard on I.A.No.2/2019, application under Order 41 Rule 5

read with Section 151 of CPC for grant of interim relief.

Learned counsel for the appellant would submit that though the

appellant has denied the employment of respondent, still the learned trial

court has held that he is employee of appellant, which is perverse finding.

Therefore, the order passed by the learned 1 st Additional District Judge,

prima facie illegal and deserves to be set aside by this Court and

accordingly, judgment and decree is also liable to be set aside.

The issue requires to be considered by this Court.

After appreciating the material placed on record as an interim

measure, it is directed that if appellant deposits 50% of the decretal amount with interest and furnishing of surety for remaining amount,

execution of the remaining part of the decree shall remain stayed until

further orders.

The amount so deposited shall not be disbursed to respondent

without the leave of the Court.

I.A.No.2 is disposed off.

Since, Mr. Sharad Mishra, Advocate entered his appearance for

respondent No.2, therefore, notice is not required.

Call for record of the Court below.

List this case for final hearing in the month of April, 2022.

Sd/-

(Narendra Kumar Vyas)

Judge

parul