M/S Indus Residency Private Ltd. ... vs Shailendra Sharma
2023 Latest Caselaw 2107 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        FA No. 442 of 2022
                         (M/S INDUS RESIDENCY PRIVATE LTD. THROUGH MANAGING DIRECTOR SHRI DHARAMPAL SINGH S/O
                                      SHRI PARVAT SIN AND OTHERS Vs SHAILENDRA SHARMA AND OTHERS)

                         Dated : 06-02-2023
                               Shri D.K. Kaurab, learned counsel for the appellants.

                               Shri Saket Agrawal, learned counsel for respondents.

Shri Vasundra Shumla, learned Panel Lawyer for respondent/State

Heard on I.A. No.3042/2022, which is an application under Order 41 Rule 5 CPC for staying execution of money decree.

This Court vide order dated 16/08/2022 has admitted the appeal for final hearing and as an interim measure till the next date of hearing, passed the following order "Subject to depositing 25% of the decreetal amount by the appellant within one month from today effect and operation of the judgment and decree dated 31/01/2022 pass in RCS No.400766-A/2013 shall remain stayed till the next date of hearing".

Looking to the nature of decree and in the light of decision of Supreme Court in the case of Malwa Strips Private Limited Vs. Jyoti Limited (2009) 2 SCC 426, it is directed that upon deposit of entire money part of the decree

including interest and cost within a period of further two months, execution of impugned judgment and decree dated 31/01/2022 shall remain stayed, failing which, the interim protection granted on 16/08/2022 shall stand vacated and the application under Order 41 Rule 5 CPC (I.A. No.3042/2022) shall stand dismissed.

List for final hearing as per its turn.

Signature Not Verified (DWARKA DHISH BANSAL) Signed by: RASHMI RONALD VICTOR Signing time: 2/7/2023 12:04:13 PM

JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 2/7/2023 12:04:13 PM