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2022 Supreme(Raj) 2680
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Rekha Borana, J.
Ajmer Vidhyut Vitran Nigam Ltd & Ors. – Appellant
Versus
Suman & Ors. – Respondent
S.B. Civil First Appeal No. 491 of 2022
Decided On : 13-12-2022
Vikram Choudhary, Advocate, Shashi Kant, Advocate
The court has the discretion to grant a stay of judgment and decree subject to certain conditions, such as the deposit of a specified amount within a specified period.
Headnote:
Stay Application - Stay of Judgment and Decree - The operation and execution of the judgment and decree dated 07.09.2022 shall remain stayed subject to the appellant depositing 80% of the decretal amount within a period of two months with the trial Court. The said amount, on deposit, shall be disbursed to the respondents.
Fact of the Case:
The appellant filed a stay application seeking to stay the operation and execution of the judgment and decree dated 07.09.2022.
Finding of the Court:
The court granted the stay subject to the appellant depositing 80% of the decretal amount within a period of two months with the trial Court, and the said amount, on deposit, shall be disbursed to the respondents.
Issues: Stay of Judgment and Decree
Ratio Decidendi: The court considered the appellant's stay application and ordered the stay of the judgment and decree subject to the deposit of 80% of the decretal amount within a specified period.
Final Decision: The stay petition was disposed of accordingly.
JUDGMENT
Rekha Borana, J. - Admit.
Issue notice.
2. Notices need not be issued as Mr. Shashi Kant has put in appearance on behalf of all the respondents.
Heard on stay application.
3. The operation and execution of the judgment and decree dated 07.09.2022 shall remain stayed subject to the appellant depositing 80% of the decretal amount within a period of two months with the trial Court. The said amount, on deposit be disbursed to the respondents.
4. Stay petition disposed of accordingly.
