Chandu S/O Ambadas Gahukar And Another v. Pankaj Roshan Dhawan And Others

2023:BHC-NAG:13747 115wp4279.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.4279 of 2021 CHANDU S/O AMBADAS GAHUKAR AND ANOTHER VS PANKAJ ROSHAN DHAWAN AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Madhur Deo, Advocate for the Petitioner/s Shri Yashodhan Ganu, Advocate for the respondent Nos.1 to 3 CORAM : ANIL S. KILOR, J.

DATED : 14.09.2023 1.

Heard.

2.

The learned lower Appellate Court while granting stay under Order 41 Rule 5 of the Code of Civil Procedure (CPC) imposed a condition to deposit 50% of the decreetal amount i.e. 16,50,000/- and to furnish bank guarantee for remaining 50% of decreetal amount vide order dated 28.09.2021 passed in Regular Civil Appeal No.448/2019.

3.

In the present matter a limited prayer is made that, in compliance with sub-rule 3(c) of Rule 5 of Order 41 of the CPC, the petitioners are ready to furnish documents of their immovable property as security for satisfication of decree. The learned counsel for the petitioners accordingly asks for such modification.

4.

The learned counsel for the respondents opposes such request.

nd.thawre

115wp4279.odt 5.

Considering the provision of Rule 5(3)(c) of Order 41 of the CPC, I am of the opinion that even if security which the petitioners are ready to furnish is accepted, it would be a compliance of the provisions of law.

6.

Accordingly, the order below Exh.5 dated 28.09.2021 is hereby modified and therefore, the petitioners are permitted to furnish solvent surety to the satisfication of the learned lower Appellate Court towards the decreetal amount on or before 04.10.2023 along with an undertaking that, if they fail in the appeal, they will deposit the decreetal amount within eight weeks, which shall be subject to the result of further appeal or proceedings, if any.

7.

The writ petition is allowed in the above terms. No order as to costs.

[ANIL S. KILOR, J.] nd.thawre