Vipin Luthra vs Bank Of Baroda
2022 Latest Caselaw 12214 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Execution First Appeal No. 5/2022

Vipin Luthra S/o Late Sh. Roshan Lal Ji Luthra, Aged About 61 Years, R/o Arihant Appartment, B-205, Bedla Badgaon Link Road, Udaipur.

----Appellant Versus

1. Bank Of Baroda, Through Its Branch Manager, Bank Of Baroda, Specialized Small Industries Branch (SSI), Industrial Area, Sukher, District Udaipur.

2. M/s Luthra Exports, Udaipur Through Its Proprietor Jitendra Luthra, S/o Late Sh. Roshan Lal Ji Luthra, R/o I-1 Road, 389-Bhupalpura, Udaipur.

Commercial Address- Industrial Plot No. G-1-406, RIICO Industrial Area, Bhamashah, Kaladwas, Tehsil Girwa, District Udaipur.

                                                                ----Respondents


For Appellant(s)           :    Mr. Falgun Buch
                                Mr. Gopal Krishna Chhangani



            HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

11/10/2022

     Learned     counsel       submits    that     the     decree    for   specific

performance of the contract and perpetual injunction came to be

issued in favor of the appellant vide judgment and decree dated

03.02.2017 which came to be assailed before this Court and even

upheld by the Hon'ble Supreme Court. Thereafter, when the

appellant moved execution proceedings, the respondent bank

moved an application under Order 21 Rule 97, 98, 99 of CPC and

made the objection upon the execution of the decree. He further

submits that the agreement dated 15.09.2011 and 22.09.2011

(2 of 2) [EXFA-5/2022]

was executed in between the appellant and the private respondent

which clearly reveals that the onus to discharge the liability was

not upon the appellant rather the liability was fastened upon the

private respondent. The appellant was liable only up to the agreed

date i.e. 30.11.2011. Thus, prohibiting the appellant from getting

fruits of decree would tantamount to an irreparable loss and

depriving him from getting justice.

Heard.

Issue notice. Issue notice of stay application also.

Call for the record.

In the meanwhile and until further orders, the effect and

operation of the order dated 07.09.2022 passed by the Additional

District Judge No.2, Udaipur in Civil Execution No.11/2017

(Execution) shall remain in abeyance.

It is also directed that the suit property shall not be

auctioned till further orders.

(FARJAND ALI),J 119-amit/-

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