$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 318/2025 LOKENDRA KATARA .....Appellant Through: Mr. Vishnu Kumar Sharma, Advocate.

versus KUNAL SHARMA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.12.2025 CM APPL. 78748/2025 (exemption)

Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed-of.

CM APPL. 78747/2025 (early hearing)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant seeks advancement of the date of hearing in CM APPL. No.19849/2025, by which the appellant has sought stay of the operation of the impugned judgment and decree dated 10.02.2025. The matter is otherwise posted on 23.04.2026 before the learned Joint-Registrar.

2. Though no ground is made-out for advancing the date of hearing in this application, Mr. Vishnu Kumar Sharma, learned counsel for the appellant has persisted in his arguments, insisting that if a stay is not granted, the appellant would suffer serious prejudice. After much argument however, Mr Sharma has expressed that the appellant would be willing to deposit the decretal amount as a condition of stay of the impugned judgement and decree.

3. In view of the above, the application is allowed.

4. CM APPL. 19849/2025 is taken-up for hearing today.

5. The application stands disposed-of.

CM APPL. 19849/2025 (stay)

6. The suit has been decreed under Order XXXVII of the CPC based on a promissory note, that was held to have been executed by the appellant in favour of the respondent. The learned trial court had granted to the appellant conditional leave to defend the suit, but since the appellant failed to comply with the condition imposed, the suit came to be decreed.

7. Notice on this application was issued on 16.05.2025.

8. As recorded above, after much argument, learned counsel submits that the appellant would deposit the decretal amount alongwith interest upto-date in this court, if granted sufficient time to do so.

9. In view of the above, on a prima-facie view of the matter, and subject to the appellant depositing the entire decretal amount alongwith upto- date interest with the Registrar General of this court within 08 weeks from today, the effect and operation of the impugned judgment and decree dated 10.02.2025 shall remain stayed, till the next date of hearing before this court.

10. The Registrar General is directed to retain the amount deposited in the form of a fixed deposit in a nationalised bank, initially for a period of 01 year; to be renewed for the same period from time-to-time, without awaiting any further directions from this court in that behalf, unless otherwise directed by the court.

11. The Registry is directed to bring to the notice of this court any non-

compliance with the directions issued above.

12. Re-notify on 23.04.2026 before the learned Joint-Registrar, the date already fixed.

13. A copy of this order be given dasti under signatures of the Court Master.

RFA 318/2025

14. Vide order dated 16.05.2025 the appellant was granted 01 week’s time to file court-fee; however the same has not been done till date.

15. As a last opportunity, let the requisite court-fee be filed within 01 week, failing which this court would be poised to dismissing the present appeal.

16. Re-notify on 23.04.2026 before the learned Joint-Registrar, the date already fixed.

ANUP JAIRAM BHAMBHANI, J DECEMBER 12, 2025/ss