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2024 Supreme(Online)(DEL) 27494
HIGH COURT OF DELHI
MR. JUSTICE RAJIV SHAKDHER, Amit Bansal, JJ
M/S REAL DREAM VACATIONS & ORS. – Appellant
Versus
M/S SIGNATURE LINKERS PRIVATE LIMITED – Respondent
RFA(COMM) 65/2024
KESHAV KUMAR
An appeal against a monetary decree requires the appellant to deposit the decretal amount to stay execution of the judgment.
Headnote:(A) Civil Procedure Code, 1908 - Section 96 - Appeal against decree - The appeal is directed against the judgment and decree dated 24.11.2023, where the trial court decreed the suit for Rs.3,37,172/- with interest at 6% per annum from the date of institution. (Paras 1, 3)
(B) Stay of operation - The court granted a stay on the operation of the impugned judgment and decree, subject to the appellant depositing the decretal amount within four weeks. (Paras 3, 4)
Facts of the case:
The appellant challenges the trial court's decree for a monetary amount along with interest, with a stay conditionally imposed pending deposit.
Findings of Court:
The court has ordered a stay on the decree, contingent upon the appellant's compliance with the deposit requirement.
Issues: The main issue addressed is the appellant's obligation to deposit the decretal amount to avoid execution of the judgment.
Ratio Decidendi: The court emphasized the necessity of the appellant depositing the decretal amount to maintain the stay on the trial court's decree.
Result: Stay granted on the operation of the judgment and decree, subject to deposit.
% 02.04.2024 [Physical Hearing/Hybrid Hearing (as per request)]
1. This appeal is directed against the judgment and decree dated 24.11.2023 passed by the learned District Judge (Commercial Court-02), South-East District, Saket Courts, New Delhi. The trial court has decreed the suit filed by the respondent/plaintiff for Rs.3,37,172/- along with interest at the rate of 6% per annum, commencing from the date when the suit was instituted till its realization.
2. Issue notice to the respondent.
2.1 Mr Sriballabh Sharan accepts notice on behalf of the respondent.
3. Subject to the appellant depositing the decretal amount within the next four (04) weeks, there shall be, for the moment, a stay on the operation of the impugned judgment and decree.
4. It is made clear that if the decretal amount is not deposited within the timeframe given above, the respondent/plaintiff will have the liberty to execute the impugned judgment and decree.
RFA(COMM) 65/2024
5. List the matter on 14.08.2024.
6. Meanwhile, the Registry will ensure that the trial court record is placed before the court prior to the next date of hearing, albeit in digitized form.
7. Parties will act based on the digitally signed copy of the order.
