Sitaram Dahriya vs Manmohan Das Chelak
2022 Latest Caselaw 2669 Chatt

                T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                 SA No. 234 of 2020
• Sitaram Dahriya S/o Late Shyam Lal Dahriya Aged About 53 Years R/o Street No. 102/f,
  Risali Sector, Bhilai, Tahsil And District Durg, Chhattisgarh.
                                                                             ---- Appellant
                                           Versus
• Manmohan Das Chelak S/o Late Shri Jeevrakhan Das Chelak Aged About 44 Years R/o
  Quarter No. H-33/d, Maroda Sector, Bhilai, Tahsil And District Durg, Chhattisgarh.
                                                                           ---- Respondent

25.04.2022 Mr. Mayank Chandrakar, Counsel for the appellant.

Mr. Vimlesh Bajpai, G.A. for the State.

Learned counsel for the appellant would submit that First Appellate

Court has reversed the well reasoned finding recorded by the learned trial

Court without properly appreciating the evidence and material on record

that the compromise was not arrived between plaintiff and defendant by

adopting any coercion method, still the First Appellate Court has passed

the judgment and decree. He would further submit that this finding is

contrary to the records.

The appeal is arguable.

The appeal is admitted on following substantial question of law:-

"Whether the learned First Appellate Court was justified

in recording the finding that the agreement suffers from

coercion ignoring the provision of Section 15 of the

Indian Contract Act?"

Also heard on I.A.No.1/2020, application for grant of stay under

Order 41 Rule 5 of CPC.

Considering the application for grant of stay under Order 41 Rule 5

of CPC and fact that the recovery proceeding has already been initiated. Looking to the facts and circumstances of the case, the judgment and

decree passed by the learned First Appellate Court shall remain stayed

subject to deposit amount of Rs.30,000/- before the CCD of the learned

trial Court within 3 weeks from today which shall not be disbursed without

leave of this Court.

Issue notice to respondent by ordinary mode as well as registered

post.

List this case after 8 weeks.

Sd/-

(Narendra Kumar Vyas)

Judge Parul