Anil Kumar Jain S/O Shri Anandilal ... vs M/S Saraogi Mansion Estate Pvt. ...
2022 Latest Caselaw 3297 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Misc. Stay Application No. 1290/2020

                                           In

                    S.B. Civil First Appeal No. 446/2020

Anil Kumar Jain & Ors.
                                                                     ----Appellants
                                       Versus
M/s Saraogi Mansion Estate Pvt. Ltd.
                                                                    ----Respondent

For Appellant(s) : Mr. S.S. Hora Advocate with Mr. Sandeep Pathak, Advocate For Respondent(s) : Ms. Sukriti Kasliwal, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

25/4/2022

Heard learned counsel for the parties on the stay

application.

Having regard to the submissions made by learned

counsel for the respective parties and taking into consideration the

material on record, operation of the impugned judgment and

decree dated 18.12.2019 passed by the trial court in Civil Suit No.

245/2012 is stayed on the condition that the appellants-

defendants shall deposit 75% of the decretal amount in the bank

account of the respondent-plaintiff within three months from today

and continue to pay/deposit the mesne profit at the rate, as fixed

by the trial court, by 15th of every succeeding month in the bank

account of the respondent-plaintiff. Further, the appellants-

defendants also furnish a solvent security of rest 25% of the

(2 of 2) [1290 Stay Application 2020 in CFA-446/2020]

decretal amount within three months from today. The respondent-

plaintiff shall provide its bank account details to the appellants-

defendants within 15 days from today, failing which the

appellants-defendants shall be free to deposit the amount in the

trial court and on such deposition being made, the respondent-

plaintiff will be entitled to withdraw the same. It is made clear that

the amount already been paid / deposited by the appellants-

defendants shall be adjusted.

In case the amount, as directed above, is not deposited

by the appellants-defendants within the aforesaid period and / or,

the appellants-defendants fail to furnish the solvent security of

rest 25% of the decretal amount within the aforesaid period, the

respondent-plaintiff shall be free to execute the decree without

any further reference to the Court.

The respondent-plaintiff will also furnish an undertaking

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

that in case the appeal is allowed / partly allowed and the

respondent-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 application stands disposed of accordingly.

(PRAKASH GUPTA),J

Dk/15

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