Indore Development Authority vs Rahul Singh
2022 Latest Caselaw 6931 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                              AT INDORE
                                FA No. 416 of 2022
                (INDORE DEVELOPMENT AUTHORITY Vs RAHUL SINGH AND OTHERS)

Dated : 07-05-2022
      Ms. Mini Ravindran, learned counsel for the appellant..
      Shri Sameer Verma, learned counsel for the respondent no. 1 [CAVEAT].

Shri Ranjeet Sen, GA for the respondent/State.

Both the parties heard on I.A. no. 1929/2022, which is an application for interim stay.

Learned counsel for respondent no. 1 opposed the application and prays for its rejection by placing reliance upon the judgment dated 18/12/2008 passed in Civil Revision no. 7410-7411 of 2008 ( M/s. Malwa Strips Pvt Ltd Vs. M/s Jyoti Ltd ) Learned counsel for the appellant contended that as per Ex.-D/1, the appellant can be absolved of the liability on the face of work being executed by the contractor, but this fact can be considered at the time of hearing on merit.

By the impugned judgment and decree, the trial Court has imposed 25% liability upon the appellant and 75% liability upon the respondent no. 5/M/s Neeraj Cement Structural Ltd.

Considering all the facts and circumstances of the case, it is directed that the appellant shall deposit awarded amount of Rs. 2,15,000/- ( Rs. Two Lac Fifteen Thousand) within 15 days from today and recovery of rest of the awarded amount as well as effect and execution of remaining part of the impugned judgment and decree shall remain stayed till final hearing of this appeal. The appellant shall also furnish adequate security to the satisfaction of the trial Court.

In light of the aforesaid, I.A. no. 1929/2022 stands disposed of. Let record of the Court below be requisitioned. List the matter in due course.

CC as per rules.

(ANIL VERMA) JUDGE amol Digitally signed by AMOL N MAHANAG Date: 2022.05.07 17:42:26 +05'30'