M/S Vichitra Construction Pvt Ltd vs M/S Hotel Hillock Pvt Ltd
2021 Latest Caselaw 18903 Raj

(1 of 2) [CFA-252/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 252/2021

1. M/s Vichitra Construction Pvt. Ltd., Retd Office-A-1/31, Janakpuri, New Delhi through Executive Director Ram Avtar Agarwal A-1/31, Janakpuri, New Delhi.

2. Ram Avtar Agarwal, M/s Vichitra Construction Pvt. Ltd., A-

1/31, Janakpuri, New Delhi.

Both 1 and 2 are represent by the authorized signatory shri Vinod Kumar S/o late shri Bal Kishan , B/c Babbar, aged about 60 years, R/o A-5, First Floor, Clock Tower, Hari Nagar, South West Delhi, 110064.

----Appellants Versus M/s Hotel Hillock Pvt. Ltd, Mt. Abu, through its Director Panil Agarwal, R/o Mt. Abut, District Sirohi

----Respondent

For Appellant(s) : Mr. Anil Vyas For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

13/12/2021

The present first appeal has been filed against the judgment

and decree dated 06.02.2021, passed by the Additional District

Judge No.2, Abu Road, District Sirohi, in Civil Original Suit

No.214/2015 (83/2014) CIS No.1319/2014, whereby the suit for

recovery of money, filed by the respondent-plaintiff has been

decreed and respondent has been held entitled to get

Rs.5,23,869/- from the appellants with interest amount of

Rs.2,82,890/- up to the date of filing of the suit totaling

(2 of 2) [CFA-252/2021]

Rs.8,06,759/-. Further, on the principle due amount of

Rs.5,23,869, interest @ 9% has been ordered to be paid.

Heard.

Admit. Issue notice of the appeal as well as stay application

to the respondent, returnable within a period of ten weeks.

Heard on the stay application.

If the appellants deposit 50% of the decreetal amount with

interest up to the date of deposition, within a period of four

weeks, execution of the impugned decree for the remaining

amount shall remain stayed.

If the respondent-plaintiff moves an application before the

trial court for disbursement of the deposited amount, the same

may be disbursed, on furnishing the solvent security by the

respondent-plaintiff to the satisfaction of trial court. If the

appellants succeed in the appeal, the respondent would restitute

the amount to the appellants with the same interest @ 9% per

annum.

(SUDESH BANSAL),J

4-Ravi Kh/-

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