A single-paragraph oral order dismissing a revision petition where the court held that requiring security of ₹2 lacs was not onerous given the debt involved exceeded ₹24 lacs, and no grounds for interference existed.
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YOGESH SHARMA 2019.01.23 14:43 I attest to the accuracy and integrity of this document 1
CR-349-2019 (O&M)
141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-349-2019 (O&M) Date of decision : 18.01.2019
Ram Kishan
... Petitioner
Versus
M/s Vikram Electric Equipment Pvt. Ltd.
... Respondent CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Randhir S. Hooda, Advocate for the petitioner. ****
AMIT RAWAL, J. (ORAL)
The short point involved in the present revision petition is that
in view of the liberty granted by this Court vide Annexure P-2, the petitioner-plaintiff had already availed the remedy of interim stay before the Co-ordinate Bench of this Court in the pending appeal bearing RSA No. 2131 of 2016, wherein this Court vide order dated 28.11.2018, stayed the sale of the attached property for a period of 20 days, enabling the plaintiff to furnish the security to the satisfaction of the trial Court. In this view of the matter, whether the order of the trial Court ordering the furnishing of security of ** 2 Lacs, can be onerous or not?. The answer is 'No', for, the amount sought to be recovered is ** 24,97,928/- upto 26.12.2018.
No ground is made out for interference and accordingly, the present revision petition is dismissed.
| 18.01.2019 | ( AMIT RAWAL ) | |
|---|---|---|
| Yogesh Sharma | JUDGE | |
| Whether speaking/reasoned | Yes/ No | |
| Whether Reportable | Yes/ No |
1 issue framed by the court
whether an order requiring security of ₹2 lacs for a debt exceeding ₹24 lacs can be considered onerous to warrant interference
Ram Kishan
M/s Vikram Electric Equipment Pvt. Ltd.
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
