M/S National Silk Palace vs M/S Golecha Cinetalk Pvt Ltd
2021 Latest Caselaw 7639 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Misc. Stay Application No. 229/2020

                                       In

               S.B. Civil First Appeal No. 105/2020

M/s National Silk Palace, Bapu Bazar, Jaipur
                                                                  ----Appellant
                                   Versus
M/s Golecha Cinetalk Pvt Ltd.
                                                                ----Respondent

Connected With S.B. Civil Misc. Stay Application No. 812/2020 In S.B. Civil First Appeal No. 307/2020 M/s. New Lucky Silk Palace

----Appellants Versus M/s Golecha Cinetalk Pvt Ltd.

----Respondent

For Appellant(s) : Mr. J.P. Goyal, Sr. Advocate with Mr. Abhi Goyal, Advocate For Respondent(s) : Mr. Kamlakar Sharma, Sr. Advocate with Mr. Abhishek Sharma, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

15/12/2021

Heard learned counsel for the parties on the stay

application.

Having regard to the submissions made by learned

counsel for the respective parties, operation of the impugned

judgment and decree dated 5.12.2019 passed by the trial court in

(2 of 2) [229 Stay Application 2020 in CFA-105/2020]

Civil Suit Nos. 5/2012 (177/2001) and 6/2012 (179/2001)

respectively is stayed on the condition that the defendants shall

deposit all arrears of standard rent, as per the judgment passed

by the trial court in the bank account of the plaintiff within three

months from today and from the month of December, 2021 the

defendants shall continue to deposit the standard rent every

month regularly at the said rate by 15th of every succeeding

month in the bank account of the plaintiff.

In case the arrears of standard rent, as directed above,

are not deposited within the aforesaid period and / or, the

defendants fail to deposit the same consecutively for four months

on regular basis, the plaintiff shall be at liberty to execute the

decree without any further reference to the Court.

The plaintiff will furnish a solvent security and an

undertaking on oath in the trial court within 15 days from today to

the effect that in case the appeals are allowed / partly allowed and

the plaintiff is not entitled to any standard rent or it is entitled to

rent lesser than the rent fixed by the trial court, the money so

received by it under this order, or the difference, as the case may

be, shall be refunded back to the defendants with interest @ 6%

p.a.

The stay applications stand disposed of accordingly.

(PRAKASH GUPTA),J

Dk/15

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