M/S Khusbhu Impex vs Sushil Toshniwal
2022 Latest Caselaw 11308 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 1147/2019

M/s Khusbhu Impex, 409, Anand Building, Kazi Sayed Street, Mumbai (Maharashtra)

----Appellant Versus Sushil Toshniwal S/o Late Lalit Mohan Toshiniwal, Proprietor M/s University Impex, 106, Jeet Apartment, Near Panch Batti, Circle, Ratanada, Jodhpur (Raj).

----Respondent

For Appellant(s) : Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Shreyansh Mardia. For Respondent(s) : Mr. Falgun Buch.

Mr. Prateek Gattani.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ARUN BHANSALI

Order

09/09/2022

The matter comes upon for consideration of D.B. Civil Misc.

Second Stay Application No.548/2022.

Having heard learned counsel for the parties at length and

after going through the record of the court below, we deem it

appropriate to stay the effect and operation of the impugned

judgment passed by the commercial court subject to the condition

that the appellant shall deposit an amount of Rs.23,90,000/- with

the concerned commercial court.

The amount so deposited be disbursed to the respondent

subject to the condition that the respondent shall furnish solvent

securities to the tune of Rs.23,90,000/- with the concerned

commercial court.

(2 of 2) [CMA-1147/2019]

Ordered accordingly.

In view of the above, D.B. Civil Misc. Second Stay Application

No.548/2022 & D.B. Civil Misc. Stay Application No.900/2019 are

disposed of.

The application preferred on behalf of the appellant under

Order 41 Rule 27 CPC shall be considered at the time of hearing of

the appeal.

List this appeal for hearing in the month of November, 2022.

(ARUN BHANSALI),J (VIJAY BISHNOI),J 65-Sumit/-

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