Allowed

Jasbir Singh v. Baldev Singh

Punjab & Haryana HC23 Sept 2024CR/4917/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's application to set aside an order that vacated an ex parte stay due to non-furnishing of a bank guarantee within the stipulated period, directing the lower court to permit a later date to furnish the guarantee.

What did the court decide?

The order dated 17.02.2023 of the Appellate Court is set aside; petitioner permitted to furnish bank guarantee by 09.10.2024; costs of ₹5,000 awarded to respondent.

Jasbir Singh Vs Baldev Singh — Civil Procedure and Limitation | Punjab & Haryana HC (2024)

¶1

133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-4917-2024 (O&M) Date of Decision: September 23, 2024

Jasbir Singh

…Pe22oner

Versus

Baldev Singh …Respondent

¶7

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. Sunny K. Singla, Advocate for the pe��oner. DEEPAK GUPTA, J.(Oral)

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CM-15449-CII-2024

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This is an applica�on to place on record the zimni orders passed by the Appellate Court in Civil Appeal No.CA/6/2023.

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Allowed.

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The zimni orders are taken on record.

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CR-4917-2024

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The suit for recovery filed by the respondent was decreed by the trial Court. The pe��oner filed appeal. Vide order dated 04.01.2023, the Appellate Court stayed the opera�on of the decree passed by the trial Court, subject to furnishing bank guarantee to the tune of �8,00,000/-, i.e. approximately equivalent to the decreetal amount �ll 30.01.2023, making it clear that in case bank guarantee is not furnished, the stay will be deemed to be vacated. The period of furnishing the bank guarantee was extended �ll 17.02.2023, as per the order dated 30.01.2023. However, the pe��oner failed to do so and therefore, the Appellate Court vide order dated 17.02.2023 vacated the ex parte stay a6er observing that only the proposal issued by the bank had been placed on record by the appellant and not the bank guarantee.

¶15

Learned counsel for the pe��oner contends that bank guarantee was issued by the concerned IndusInd Bank on 22.02.2023, copy of which is Annexure P-7. Learned counsel has drawn a:en�on towards the various orders passed by the First Appellate Court a6er the impugned order dated 17.02.2023, which would reveal that nothing substan�al has taken place �ll date and now the case is fixed for 09.10.2024.

¶16

Sarita Rani 2024.09.23 05:05 I attest to the accuracy of this document/order

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CR-4917-2024 (O&M)

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-2 -

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Having no�ced the aforesaid facts and circumstances, present pe��on is hereby allowed. The order dated 17.02.2023 is set aside with the direc�on to the First Appellate Court to permit the pe��oner to furnish the bank guarantee on or before 09.10.2024, the date already fixed before the First Appellate Court and pass appropriate order regarding stay. This order is subject to payment of costs of �5,000/- by way of bank dra6 o the respondent.

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Since this order has been passed without issuing no�ce to respondent, in order to avoid the delay, therefore, he will be at liberty to approach this Court, in case, he feels aggrieved by this order.

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September 23, 2024 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

¶22

Sarita Rani 2024.09.23 05:05 I attest to the accuracy of this document/order

Jasbir Singh v. Baldev Singh

Case brief

What is this about?

What did the court decide?

Jasbir Singh v. Baldev Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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