Pawan Jain (Tale Wale) vs Pankaj Sahu
2022 Latest Caselaw 6825 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  SA No. 1479 of 2021
                                                      (PAWAN JAIN (TALE WALE) Vs PANKAJ SAHU AND OTHERS)

                                  Dated : 06-05-2022
                                          Mr. S.S. Thakur, learned counsel for the appellant.

                                          Mr. Mahendra Choubey, learned counsel for the Caveator.
                                          Heard on the question of admission.
                                          This appeal is admitted on the following substantial questions of law:-
                                          ( i)    Whether, the plaintiff has complied Section 16(c) of Specific Relief
                                  Act showing his readiness and willingness to perform his part of contract ?

                                          (ii)    Whether the Appellate Court has rightly appreciated the provision of
                                  Section 74 of Indian Contract Act, 1872 ?
                                          Since, the respondents have already represented through their counsel,

therefore, no separate notice is required to be issued.

Heard on I.A No.8833/2021, an application under Order XLI Rule 5 of CPC.

Heard learned counsel for the parties and perused the record. I.A No.8833/2021 stands allowed and it is directed that subject to deposit 50% of the total decreetal amount (Rs.13,00,000/-) meaning thereby Rs.6,50,000/-

before the trial Court by the appellant within a period of one month from today, the operation of judgment and decree dated 01.09.2021 delivered by the Principal District Judge Sagar, District-Sagar (M.P.) in R.C.A. No.72/2019 and its execution pursuant thereto shall remain stayed.

It is made clear that the amount deposited by the appellant shall not be disbursed to the respondents without leave of this Court.

List the appeal for final hearing in due course. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

julie Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.05.07 17:34:00 IST