Anwar Hussain vs Kailash Chand Aggarwal @ Kailash ...
2013 Latest Caselaw 330 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                           Date of Decision : 22nd January, 2013

+      CM(M) 63/2013

       ANWAR HUSSAIN                                     ..... Petitioner
                   Through :            Mr.Raj Kumar Sherawat,
                                        Mr.Anand Kumar and Mr.Rakesh
                                        Gaur, Advs.

                   versus

       KAILASH CHAND AGGARWAL
       @ KAILASH GUPTA                                  ..... Respondent
                    Through :

       CORAM:
       HON'BLE MS. JUSTICE PRATIBHA RANI

%
PRATIBHA RANI, J. (ORAL)

1. The petitioner has filed the present petition under Article 227 of the Constitution of India praying for modification of the order dated 02.01.2013 passed by learned Addl. District Judge and also for waiver of the condition to deposit the entire decretal amount.

2. Vide order dated 02.01.2013, which is under challenge in this petition, the petitioner herein was directed by the learned Appellate Court/Addl. District Judge-2 (North) to deposit the decretal amount with the Trial Court within ten days as a condition precedent for granting stay of the impugned judgment and decree. It was also ordered that 50% of

the amount so deposited by the petitioner will be released to the respondent.

3. After some arguments, learned counsel for the petitioner submits that he is restricting his prayer only to the extent that the time given by the learned Addl. District Judge to deposit the decretal amount may be extended by two months. Learned counsel for the petitioner also prays that 50% of the decretal amount may be released to the respondent, as ordered by learned Appellate Court, but with the condition that he shall furnish an undertaking that if the appeal is decided in favour of the petitioner, the respondent shall refund the said amount to the petitioner received by him (respondent) through the Court.

4. Heard.

5. In view of the submissions made by learned counsel of the petitioner, the stay granted by the learned Appellate Court vide order 02.01.2013 is extended for a period of two months. It is also ordered that 50% of the decretal amount, so deposited by the petitioner, be released to the respondent on his furnishing an undertaking to the effect that if the appeal is decided in favour of the petitioner and against the respondent, the respondent shall refund the said amount to the petitioner received by him through the Court.

6. With above observations, the petition stands disposed of.

7. Copy of the order be given dasti,.

PRATIBHA RANI, J January 22, 2013 'st'