Raju Sarkar vs Vinay Sarkar - 2023 Supreme(Del) 4405

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4405

TUSHAR RAO GEDELA
Raju Sarkar – Appellant
Versus
Vinay Sarkar – Respondent

Advocates appeared:
Mr. Mohd. Anas, Advocate, for the Petitioner.
None, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 24390/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 782/2023 & CM APPL. 24389/2023 (Stay)

3. The petitioner challenges the order dated 24/25.01.2023 in CS DJ No. 282/2022 titled `Vinay Sarkar Vs. Raju Sarkar' whereby the petitioner/defendant was granted conditional leave to defend subject to the deposit of Rs.1,05,000/- with the Registry of the Trial Court in the form of fixed deposit with the automatic renewal clause. The said direction was to be complied within four weeks from the date of the impugned order i.e. 24/25.01.2023

4. Learned counsel appearing for the petitioner submits that on account of the financial incapability, the petitioner was unable to deposit the said amount and consequently vide the order dated 03.04.2023, the learned Trial Court closed the right of the defendant to contest the suit for non-compliance.

5. After some arguments, Mr. Anas, learned counsel appearing for the petitioner submits that the petitioner would be willing to make the deposit of the said amount and prays that the order dated 03.04.2

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