Anju Bala vs Santosh Arora - 2023 Supreme(Del) 637

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 637

TUSHAR RAO GEDELA
Anju Bala – Appellant
Versus
Santosh Arora – Respondent

Advocate Appeared:
For the Appellant :Mr. Shayuk Kumar and Mr. Rohit Saroj, Advocates.

JUDGMENT :

Tushar Rao Gedela, J.

CM APPL. 18999/2023

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 621/2023

3. Petitioner challenges the order dated 15.03.2023. in Civ. DJ No. 321/2019 titled as “Santosh Arora v. Anju Bala” whereby an application under Order XL VII Rule 1 & 2 of CPC, 1908 was dismissed by the learned Trial Court.

4. Learned counsel submits that the petitioner was granted conditional leave to defend subject to deposit of Rs. 8,00,000/- as against the full claim amount of Rs. 32,00,000/-.

5. Learned counsel submits that it was on an application under Section 151 of CPC, 1908 citing the absolutely penurious financial condition of the petitioner, that the learned Trial Court had reduced the conditional pre-deposit from Rs. 8,00,000/- to Rs. 4,00,000/- to be deposited within 15 days from the order dated 28.09.2022..

6. Learned counsel submits that keeping in view her financial condition, the petitioner had filed an application under Order XLVII Rule 1 and 2 of CPC, 1908 seeking review of the order dated 20.09.2022. to reduce the amount further.

7. Learned counsel submits that learned Trial Court did not consider the financia

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