Dismissed¶22

Kuldeep Singh v. Harjinder Singh

Punjab & Haryana HC27 Jan 2026CR/9500/2025

Case brief

AI extract

What is this about?

Punjab & Haryana High Court at Chandigarh; CR-9500-2025; decided 27.01.2026 by Justice Deepak Gupta (oral); conditional stay of execution under Order XLI CPC; bank guarantee of Rs. 12,50,000/-; recovery decree of Rs. 10 lakhs with 9% and 6% interest; Lifestyle Equities C.V. v. Amazon Technologies Inc., 2025 (4) Law Herald (SC) 2696 relied upon; petition dismissed.

What did the court decide?

This Court finds no merit in the contention that sufficient grounds were not given by the Appellate Court to impose the bank-guarantee condition. ¶19

Kuldeep Singh Vs Harjinder Singh — Punjab & Haryana HC (2026) — LawSathi Research

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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********

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120

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CR-9500-2025 Date of Decision.:27.01.2026

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Kuldeep Singh …..Pe00oner Vs. Harjinder Singh .….Respondent

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.….Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Vijay Rana, Advocate with Ms. Shreya Rana, Advocate for the pe��oner.

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DEEPAK GUPTA, J. (ORAL)

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Suit for recovery for an amount of ₹ 10 Lacs filed by plain�ff Harjinder Singh (respondent herein) was decreed by the trial Court on 03.03.2025 (Annexure P-1) along with interest @ 9% per annum from the date of payment i.e. 26.07.2017 �ll the date of judgment; and with future interest @ 6% per annum from the date of decree �ll realiza�on. Defendant of the case namely Kuldeep Singh (pe��oner herein) filed an appeal and along with the same, moved an applica�on for staying the opera�on of the trial Court judgment.

¶12

The first Appellate Court vide order dated 17.11.2025 (Annexure P-5) stayed the execu�on of the judgment and decree of the trial Court but subject to furnishing the bank guarantee of the amount of ₹12,50,000/- in the trial Court.

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Now the appellant- defendant has approached this Court, assailing the order dated 17.11.2025 to the extent of making the stay of the execu�on of the judgment and decree of the trial Court, condi�onal on

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NEETIKA TUTEJA 2026.01.28 14:43 I attest to the accuracy and integrity of this document

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CR-9500-2025

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-2-

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furnishing the bank guarantee.

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It is contended by learned counsel for the pe��oner that sufficient grounds have not been given by the Appellate Court to put such a condi�on.

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This Court does not find merit in the conten�on.

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The discre�on exercised by the Appellate Court is in consonance with the guidelines issued by Hon’ble Supreme Court regarding the grant or refusal of the stay of execu�on of decree under Order XLI CPC, in “Lifestyle Equi�es C.V. and anr. Vs. Amazon Technologies Inc.” 2025 (4) Law Herald (SC) 2696 , wherein it was held by Hon’ble Supreme Court that for gran�ng of stay of the execu�on, Appellate Court has a discre�on to impose a condi�on of deposit of the amount depending on the facts and circumstances of the case.

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As such, this Court does not find any illegality or perversity in the exercise of discre�on by the Appellate Court.

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No merits. Dismissed.

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( DEEPAK GUPTA ) JUDGE

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January 27, 2026 Nee�ka Tuteja

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Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

¶26

NEETIKA TUTEJA 2026.01.28 14:43 I attest to the accuracy and integrity of this document

Kuldeep Singh v. Harjinder Singh

Case brief

What is this about?

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Kuldeep Singh v. Harjinder Singh

Case brief

What is this about?

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