Punjab-Haryana High Court
M/S Nitin Trading Company Commission ... vs Prem on 3 July, 2024
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=2024:PHHC:082185
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
123
(1) CR-3629-2024 (O&M)
Date of Decision: 03.07.2024
M/S NITIN TRADING COMPANY COMMISSION AGENT AND
OTHERS
...Petitioners
Versus
PREM
...Respondent
(2) CR-3636-2024 (O&M)
Date of Decision: 03.07.2024
M/S NITIN TRADING COMPANY COMMISSION AGENT AND
OTHERS
...Petitioners
Versus
RAMESHWAR (SINCE DECEASED) THROUGH HIS LEGAL
REPRESENTATIVES
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Munish Kumar Garg, Advocate
for the petitioners.
*****
VIKAS SURI, J. (ORAL)
1. This order shall dispose of CR-3629-2024, titled as M/s Nitin
Trading Company Commission Agent and others Versus Prem and
CR-3636-2024, titled as M/s Nitin Trading Company Commission Agent
and others Versus Rameshwar (since deceased) through his legal
Representatives, as common issues of law and facts arise therein.
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Neutral Citation No:=2024:PHHC:082185
2. For the convenience of reference, the facts are being taken from
CR-3629-2024 titled as M/s Nitin Trading Company Commission Agent and
others Versus Prem.
3. Briefly stated that one Prem s/o Bhira @ Raghbir had filed a suit
for recovery of Rs.10,42,606/- against the petitioners which was decreed by
the Court of learned Civil Judge (Junior Division), Safidon, vide judgment
and decree dated 28.03.2023 (Annexure P-1). The petitioners preferred an
appeal against the aforesaid judgment and decree alongwith an application for
staying the execution of impugned judgment and decree dated 28.03.2023
(Annexure P-1). Vide order dated 29.04.2024, first Appellate Court stayed
the execution subject to the petitioners furnishing security in the sum of
Rs.17,00,000/- with one surety in like amount to the satisfaction of the trial
Court.
4. Learned counsel for the petitioners submits that as the petitioners
are not in possession of any immoveable property, they had approached the
first Appellate Court vide application dated 23.05.2024 (Annexure P-7)
seeking modification of order dated 29.04.2024, however, the same was not
entertained by the Court. Learned counsel for the petitioners does not dispute
that the aforesaid application was not presented in the judicial branch, as the
appeal was pending before the first Appellate Court and as per practice,
applications in pending matters are submitted in the concerned Court itself.
5. Learned counsel for the petitioners prays that at the first
instance, let the first appellate Court consider the prayer of the petitioners
seeking modification of impugned order dated 29.04.2024.
6. Heard learned counsel for the petitioners and perused the paper
book.
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Neutral Citation No:=2024:PHHC:082185
7. Admittedly, the appeal preferred by the petitioners is pending
before the first Appellate Court for 23.07.2024. The Court vide order dated
29.04.2024 has granted a conditional stay to the petitioners. A perusal of the
paper book shows that the petitioners had taken steps for compliance of order
dated 29.04.2024, as is evident from the order dated 15.05.2024 (Annexure P-
6). However, keeping in view that only partial compliance was being sought
to be made on account of the fact alleged that the petitioner/JDs were only
having surety and have no property to furnish as security, compliance could
not be made. It is thereafter, that the petitioners moved the first Appellate
Court by way of application dated 23.05.2024 (Annexure P-7) seeking
modification of order dated 29.04.2024. Thus, it is apparent from the record
that the first Appellate Court had no occasion to examine the plea, as has
been raised before this Court through the instant petition.
8. In view of the limited prayer noticed herein before, the present
revision petitions are disposed of with liberty to the petitioners to approach
the first Appellate Court afresh, if so advised, seeking modification of the
order dated 29.04.2024. In case such an application is moved by the
petitioners within 02 weeks from today, the first Appellate Court would
dispose of the same expeditiously, in accordance with law.
9. Revision petitions are disposed of in the aforesaid terms.
July 03, 2024 (VIKAS SURI)
shruti JUDGE
Whether Speaking / Reasoned : Yes/No
Whether Reportable : Yes/No
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