Plant Manager vs Firm M/S Gyatri Construction ...
2022 Latest Caselaw 201 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Misc. Stay Application No. 1932/2021
                                       In
               S.B. Civil First Appeal No. 455/2021

Plant Manager, SM Environmental Technology Private Limited and
Anr.
                                                                 ----Appellants
                                   Versus
Firm M/s Gyatri Construction Company
                                                                ----Respondent

For Appellant(s) : Mr. Abhishek Pareek, Advocate For Respondent(s) : Mr. Bhim Singh Meena, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

10/01/2022

Heard learned counsel for the parties on the stay

application.

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the facts and

circumstances of the case, operation/execution of the impugned

judgment and 22.09.2021 passed by the Additional District Judge

Chabra, District Baran in Civil Suit No. 2/2016 is stayed on the

condition that the appellants-defendants shall deposit the decretal

amount i.e. Rs. 25,52,102/- alongwith interest @ 9% p.a. from

September, 2015 within two months from today with the trial

court. On such deposit being made, the respondent-plaintiff shall

be at liberty to withdraw 50% of the said amount on its furnishing

a solvent security and an undertaking on oath to the effect that if

the appellants-defendants ultimately succeed in the appeal, the

(2 of 2) [Stay Application No. 1932/2021 in CFA-455/2021]

said amount shall be refunded to the appellants by them with

interest @ 9% per annum from the date of withdrawal till refund.

Remaining 50% amount shall be invested in FDR in a nationalised

bank initially for a period of two years, which shall be renewed

from time to time.

The stay application stands disposed of.

(PRAKASH GUPTA),J

MR-5

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