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2026 Supreme(Online)(UK) 1991

HIGH COURT OF UTTARAKHAND
Subhash Upadhyay, J
KULDEEP SINGH BISHT – Appellant
Versus
YOGESH SINGH – Respondent
CLR No. 126 of 2025



Advocates:
For the Appellants/Petitioners: Amar Murti Shukla
For the Respondents: S.K.Mandal

Failure to comply with a court-ordered deposit schedule and repayment undertaking regarding rent arrears justifies the immediate vacation of an interim stay order granted in a revision proceeding.

Headnote:The matter involves a revision concerning arrears of monthly rent. The court had previously directed the revisionist to deposit a specific sum within a month and honor an undertaking to clear all arrears within 45 days. The court observed that the revisionist failed to achieve substantial compliance, as the remaining balance remained unpaid. The core issue is whether the interim stay order should continue despite the revisionist's failure to adhere to the payment schedule established by the court. The ratio decidendi established is that where a party fails to comply with court-ordered payment mandates regarding the clearance of arrears, the equitable relief of an interim stay is liable to be vacated to protect the rights of the respondent. The court ordered that the interim order dated 13.11.2025 be vacated, effectively disposing of the Stay Vacation Application.

Table of Content
1. court records procedural history of non-compliance with payment orders. (Para 1 , 2 , 3 , 4)
2. failure to fulfill financial undertakings warrants vacation of interim relief. (Para 5 , 6)
3. scheduling of subsequent proceedings. (Para 7)

Office Notes, reports, orders or proceedings or courts directions and Registrar’s order with Signatures

1. Mr. Amar Murti Shukla, learned counsel for the revisionist.

2. Mr. S.K.Mandal, learned counsel for the respondents.

3. Learned counsel for the respondents submits that the revisionist is in default of payment of monthly rent and till date the amount Rs. 22,78,000/- is due. This Court vide order dated 13.11.2025, had directed the revisionist to deposit a sum of Rs. 20,00,000/- within a month. An undertaking on behalf of the revisionist was also recorded that he will clear the entire arrears within 45 days.

4. The revisionist till date has only paid an amount of Rs. 20,00,000/-, which was to be paid within a period of one month from the date of passing of the order dated 13.11.2025. Thus, it is clear that there is no substantial compliance of the order dated 13.11.2025. The Coordinate Bench vide order dated 05.01.2026, further observed that, in case, the revisionist fails to pay the remaining balance amount towards arrears of rent, the

respondent shall immediately move an application for vacation of the interim order.

5. Learned counsel for the respondent submits that as compliance of the order dated 13.11.2025 has not been made and arrears of rent has not been cleared, as such, the interim order is liable to be vacated.

6. This court finds substance in the arguments of learned counsel for the respondent, as the arrears of the rent has not been cleared as directed by the court on 13.11.2025, as such, the interim order dated 13.11.2025 is vacated. Stay Vacation Application (IA No. 2 of 2026) stands disposed of.

7. List for hearing on 03.07.2026.

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