C.G. Foods (India) Pvt. Ltd. vs Ankul Enterprises
2023 Latest Caselaw 7807 MP

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          FA No. 780 of 2021
                                  (C.G. FOODS (INDIA) PVT. LTD. AND OTHERS Vs ANKUL ENTERPRISES AND OTHERS)

                           Dated : 11-05-2023
                                 Shri Romil Malpani, learned counsel for the appellants.

                                 Shri Satish Jain, learned counsel for the respondent no.1.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.7234/2021 which is an application filed under

Order 41 Rule 5 r/w section 151 of the CPC whereby the appellants are seeking stay of execution of judgment and decree dated 16.08.2021.

The respondents/plaintiffs being a proprietor filed the money suit for the recovery of Rs.11,42,173/-. According to the plaintiffs, being a trader, garlic flakes were supplied to the defendants/appellants' company. The details of the supply & bill are given in Para 5 of the impugned judgment. When the aforesaid amount was not paid, the Civil Suit was filed in which the defendants No. 1 & 2 and defendants No. 3 & 4 filed separate written statements denying liability to make the payment. They also raised an objection about the territorial

jurisdiction of the Civil Court at Neemuch. After examining all the issues on merit, learned trial Court has passed a decree of Rs.9,60,080/- against all the defendants out of which only the defendant Nos. 1 & 2 have filed this appeal.

The appellants did not dispute sale & purchase of garlic flakes for the plaintiffs. Only the quality of the material was objected by the appellants and because of which the amount payable to the plaintiff was withheld.

The money decree and the issue of jurisdiction everything has been decided by the trial Court.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 12-05-2023 12:39:12

Besides that vide order dated 16.01.2020 the trial Court directed the defendants/appellants to give a bank guarantee of Rs.11,42,173 against which M.P.No.604/2021 was filed and the same was dismissed with the liberty to the defendants to deposit the said amount in the Court instead of giving the bank guarantee.

Since, the aforesaid order was not complied, therefore, right of defense was closed.

The order passed by this Court in M.P.No.604/2021 has been affirmed by the Apex Court by dismissing the SLP, therefore, in view of the above no case for staying the money decree is made out.

Shri Malpani, learned counsel for the appellants submits that the appellants shall deposit the amount under decree within a period of four weeks and the plaintiffs may be permitted to withdraw the amount by giving the surety to the satisfaction of the trial Court.

Shri Jain, learned counsel for the respondent no.1 has no objection with the aforesaid submission.

Let the amount be deposited within four weeks. The plaintiffs are permitted to withdrawn the said amount as held above.

Accordingly, I.A.No.7234/2021 stands disposed of. List the case for final hearing due course. Certified copy as per rules.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 12-05-2023 12:39:12