Quashed
M/S Aliz Jewelers v. M/S A.M. Gems
Rajasthan HCCRLMP/3949/2025
Case brief
AI extract
What is this about?
Petition challenging an appellate court's direction to deposit 20% of compensation under Section 148 of the NI Act as a condition for hearing a Section 138 appeal. Relying on Supreme Court precedents holding that 'shall' means 'may', the High Court set aside the mechanical order and remanded for fresh decision on the deposit after hearing both parties.
What did the court decide?
Order dated 15.04.2025 directing 20% deposit under Section 148 NI Act set aside; matter remitted to appellate court for fresh determination after hearing both parties.