Ghanshyam Patidar Vs. M/S Gaur and Sons - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042366
CourtMadhya Pradesh High Court
Decided OnJul-04-2012
AppellantGhanshyam Patidar
RespondentM/S Gaur and Sons
Excerpt:
1....f.a.no.1092 o”4. 7.2012 shri k.s.jha, counsel for the appellant. shri ashish shroti, counsel for the respondent. i.a.5597 of 2012 for permission to withdraw the amount deposited by the appellant in compliance of order dated 7.3.2012. by order dated 7.3.2012, we directed the appellant to deposit the 50% of the decretal amount within a period of 60 days before the trial court for staying the execution of the impugned judgment and decree. in compliance of the aforesaid order, the appellant herein has deposited 50% of the decretal amount before the trial court. the respondent/plaintiff wants to withdraw this amount and for this purpose this application is filed. the prayer made by the respondent is opposed by shri jha, learned counsel for the appellant on the ground that if permission is granted to the respondent to withdraw the amount, security may be obtained from the respondent before release of the amount. considering the fact that the aforesaid amount relates to the contract of construction work which the respondent had carried out and the trial court after considering the facts of the case found that the construction was carried out by the respondent for which payment was not made and decree for rs.74,97,800/- along with 9% of interest was passed in favour of the respondent, out of which 50% amount has been deposited before the trial court. considering the peculiar facts of the case, we allow this 2....f.a.no.1092 o”4. 7.2012 application on the following terms :- 1. respondent to file an undertaking before the trial court that in case of reversal of the decree or any direction/order is passed by this court, the respondent shall deposit the amount or shall comply with the directions within a period of 30 days from the date of the order.”2. on furnishing such an undertaking, the trial court shall release the amount, deposited by the appellant before the trial court, in favour of the respondent. c.c.as per rules. (krishn kumar lahoti) (vimla jain) judge judge vj
Judgment:

1....F.A.No.1092 o”

4. 7.2012 Shri K.S.Jha, counsel for the appellant.

Shri Ashish Shroti, Counsel for the respondent.

I.A.5597 of 2012 for permission to withdraw the amount deposited by the appellant in compliance of order dated 7.3.2012.

By order dated 7.3.2012, we directed the appellant to deposit the 50% of the decretal amount within a period of 60 days before the trial Court for staying the execution of the impugned judgment and decree.

In compliance of the aforesaid order, the appellant herein has deposited 50% of the decretal amount before the trial Court.

The respondent/plaintiff wants to withdraw this amount and for this purpose this application is filed.

The prayer made by the respondent is opposed by Shri Jha, learned counsel for the appellant on the ground that if permission is granted to the respondent to withdraw the amount, security may be obtained from the respondent before release of the amount.

Considering the fact that the aforesaid amount relates to the contract of construction work which the respondent had carried out and the trial Court after considering the facts of the case found that the construction was carried out by the respondent for which payment was not made and decree for Rs.74,97,800/- along with 9% of interest was passed in favour of the respondent, out of which 50% amount has been deposited before the trial Court.

Considering the peculiar facts of the case, we allow this 2....F.A.No.1092 o”

4. 7.2012 application on the following terms :- 1.

Respondent to file an undertaking before the trial Court that in case of reversal of the decree or any direction/order is passed by this Court, the respondent shall deposit the amount or shall comply with the directions within a period of 30 days from the date of the order.”

2. On furnishing such an undertaking, the trial Court shall release the amount, deposited by the appellant before the trial Court, in favour of the respondent.

C.C.as per rules.

(Krishn Kumar Lahoti) (Vimla Jain) Judge Judge vj