JUDGMENT

[Physical Hearing/ Hybrid Hearing]

Mini Pushkarna, J. (Oral):

CM APPL. 24508/2022 (u/Order XXII Rule 3(2) read with Section 151 CPC)

1. The present application has been filed on behalf of the respondent under Order XXII Rule 3(2) read with Section 151 CPC for abatement of case and discharge of the Bank Guarantee.

2. The appellant had challenged the impugned judgment and decree dated 02.08.2013 passed by the Ld. District Judge, Distt. Shahdara, Karkardooma Court, Delhi, whereby the summary suit filed by the respondent has been decreed against the appellant. In the present appeal, the High Court had stayed the execution of the decree, vide order dated 29.01.2014, subject to deposit of the decreetal amount along with interest and costs by the appellant.

3. It is submitted that pursuant thereto, the appellant herein had deposited the decreetal amount. Thus, the respondent moved an application being CM APPL. No. 12406/2014 praying for directions to release the decreetal amount as deposited by the appellant.

4. Vide order dated 12.08.2014, this Court directed the release of the said amount in favour of the respondent subject to furnishing of security. Pursuant thereto, the resp