AI Structured Summary
Not yet generated for this judgment
Judgment
This is an application for stay arising out of a judgment and order dated 16th November, 2016 passed by a learned Single Judge in C.S. No. 88 of 2014 (Consultants Combine Pvt. Ltd. vs. Pushpraj Bajaj).
The appellant before us was the defendant in the suit filed by the respondent before the learned Trial Court. The suit was decreed against the appellant for a sum of Rs. 42,43,186/- along with interest at the rate of 8% per annum to be calculated for the period from 4th November, 2011 till the date of realisation of the decretal dues by the plaintiff. Earlier in the instant application for stay, the following order was passed on 1st March, 2017. "The Court : It is quite evident that the appellant has preferred an appeal without payment of required court fees. It is also evident that the decretal amount has not been secured.
On the prayer of the learned advocate representing the appellant, we adjourn the matter for a period of three weeks from date.
However, we make it clear that in the event, deficit court fees are not paid or the decretal amount in terms of the impugned judgement and order is not fully secured, the appeal and the application for stay shall stand automatically dismissed on the next date."
It is evident from the submissions made on behalf of the appellant that till date, the decretal amount in terms of the impugned judgment and order has not been fully secured. As such, the application for stay is liable to be automatically dismissed.
The appeal, however, shall be heard upon completion of all formalities in accordance with the Rules of this Court.
The appeal may be listed under an appropriate heading immediately upon the same being ready for hearing.
The instant application is accordingly disposed of.