Kuldeep Raj v. Nitin Jain

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 95/2016 KULDEEP RAJ ..... Petitioner Through Mr.M.S.Bammi, Mr. Ajay Sandhu and Mr. Mukul Tomar, Advocates.

versus NITIN JAIN ..... Respondent Through

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 29.01.2016 CM(M) 95/2016, C.M.No.3182/2016 & C.M. No.3183/2016 After some arguments, learned counsel for the petitioner seeks permission of this Court to withdraw the petition. His submission is that is a money decree of Rs.2,50,000/- along with interest. The impugned order while condoning the delay in filing the appeal had also stayed the impugned judgment. The appeal is yet to the considered by the Appellate Court and the next date fixed before the Appellate Court is 19.3.2016. The Appellate Court shall consider the submission made before this Court that since it is a money decree the appeal should not be heard unless a substantial part of the decreed amount be deposited by the nonapplicant. This shall be considered by the Trial Court in correct perspective.

This petition is dismissed as withdraw with the aforesaid directions.

INDERMEET KAUR, J JANUARY 29, 2016/ndn