Arun Sharma And ANR. v. Mahavir Sharma

129A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3429-2021 (O&M) Date of Decision: December 21, 2021 Arun Sharma and another

...Petitioners

VERSUS

Mahavir Sharma

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Tajeshwar Singh Sullar, Advocate for the petitioners.

**** ARCHANA PURI, J.

The matter has been taken up through video conferencing in the light of COVID-19 pandemic.

CM-14539-CII-2021 The application is allowed, subject to all just exceptions. Annexures P-1 to P-3 are taken on record.

CR-3429-2021 The present petition has been filed to challenge the order dated 25.11.2021 passed by learned Addl. District Judge, Chandigarh, wherein, the proceedings before the executing court have been ordered to be stayed, subject to furnishing of security in the sum of Rs.12,00,000/-, in the shape of FD, in the Court, so that the same can be given to the party ultimately entitled for the same, after decision of the appeal. VINEET GULATI 2021.12.23 12:59 I attest to the accuracy and authenticity of this document Chandigarh The perusal of the impugned order reveals that the suit was

CR-3429-2021 -2filed for recovery of Rs.7,10,000/- towards the principal amount and calculated upto 20.07.2015, along with pendente lite and future interest @ 12% per annum from the date of filing of the suit till realization of decretal amount. The lower Court had decreed the suit for recovery of Rs.7,10,000/- with costs along with interest @ 9% per annum from 18.07.2013 (date of execution of sale deed) till the date of decree and future interest @ 6% per annum from the date of decree till realization. Considering the aforesaid decretal amount and the recitals of the interest pendente lite and future interest, the security amount as ordered by the Appellate Court, is just and reasonable, which calls for interference. Accordingly, the present petition stands dismissed. December 21, 2021 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2021.12.23 12:59 I attest to the accuracy and authenticity of this document Chandigarh