M/S Life Spain Biotech Pvt. Limited ... vs Shri Tunga Caters
2025 Latest Caselaw 3063 MP

Madhya Pradesh High Court

M/S Life Spain Biotech Pvt. Limited ... vs Shri Tunga Caters on 20 January, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:2379




                                                                 1                              MP-207-2025
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 20th OF JANUARY, 2025
                                                  MISC. PETITION No. 207 of 2025
                            M/S LIFE SPAIN BIOTECH PVT. LIMITED OFFICE ADRESS PLOT
                                NO. 36 NEW INDUSTRIAL AREA 2 MANDIDEEP DISTRI
                                                     Versus
                                              SHRI TUNGA CATERS
                          Appearance:
                             Shri Ankit Saxena, learned counsel for the petitioner.

                                                                     ORDER

This petition is filed being aggrieved of order dated 11.11.2024 passed

by learned 10th Civil Judge, Senior Division, Bhopal rejecting an application under Section 151 of CPC whereby the judgment debtor had sought stay on the judgment and decree on account of pendency of his application under Order 9 Rule 13 of CPC in which parties have appeared.

It is submitted that instead of deciding the application on merits and for the intervening period staying the judgment and decree, learned Trial

Court has rejected the application in a mechanical manner.

It appears that the intent of the Trial Court is to protect the interest of the decree holder. Those interest can be protected by directing the appellant/defendant to deposit a sum of 50% of the decreetal amount in the Trial Court, which Trial Court shall invest in a fixed deposit receipt and it can be disbursed subject to the outcome of an application under Order 9 Rule 13 CPC.

NEUTRAL CITATION NO. 2025:MPHC-JBP:2379

2 MP-207-2025 This 50% decreetal amount along with accrued interest be deposited within 15 days from today before the learned Trial Court.

With the aforesaid modification, this petition is disposed of.

(VIVEK AGARWAL) JUDGE

MTK