Mukesh Kumar Gupta S/O Shri Shri ... vs Kailash Chand Garg S/O Babulal ...
2022 Latest Caselaw 5652 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 287/2020

Mukesh Kumar Gupta S/o Shri Shri Ghanshyam Das Gupta
                                                                         ----Appellant
                                   Versus
Kailash Chand Garg S/o Babulal Garg,
                                                                       ----Respondent

For Appellant(s) : Mr. Brahm Singh Gurjar For Respondent(s) : Mr. Jinesh Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

18/08/2022

Appellant-defendant has preferred this first appeal

challenging the judgment and decree dated 21.10.2019 whereby

and whereunder a decree for recovery of Rs.3,50,000/- with

interest @ 6% per annum, has been passed in favour of

respondent-plaintiff and against appellant.

It appears from record that in relation to some business

transaction of shares, the plaintiff owes some amount recoverable

from defendant and for which defendant issued checks but checks

were returned unpaid. Thereafter, plaintiff instituted the present

civil suit for recover of Rs.6,91,250/- but same has been decreed

only for Rs.3,50,000/- with interest @ 6% per annum.

Counsel fro appellant submits that in relation to some

transaction and for the same due amount, plaintiff instituted

earlier Civil Suit No.3/2002, which was dismissed and thereafter,

the present suit is not liable to be decreed.

Heard.

Admit.

(2 of 2) [CFA-287/2020]

Issue notice to respondents.

Since, respondent-plaintiff has already put in appearance,

notices need not be issued. Service stands complete.

Record of the trial court be summoned.

Heard on the stay application.

Having considered the nature of decree, if appellant deposits

a lump sum amount of Rs.2,50,000/- before the trial court within

a period of four weeks from today and furnishes a written

undertaking to pay the balance amount in case of dismissal of his

appeal, the execution of the impugned judgment and decree dated

21.10.2019 shall remain stayed.

On deposition of such amount of Rs.2,50,000/-, the same

may be disbursed to respondent-plaintiff on furnishing a written

undertaking that in case appellant succeeds in the first appeal, he

will restitute this amount to appellant with interest @ 6% per

annum. It is made clear that in case of non-compliance of the pre-

condition, respondent-plaintiff would free to execute the decree

dated 21.10.2019.

Accordingly, stay application stands disposed of.

(SUDESH BANSAL),J

SACHIN/18

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