Delhi High Court - Orders
Aimil Ltd vs Satinder Gulati on 5 January, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM APPL. 444/2022
IN
+ RFA 204/2019
AIMIL LTD
..... Appellant
Through: Mr. Mukesh Gupta, Adv.
versus
SATINDER GULATI
..... Respondent
Through: Mr. Pardeep Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 05.01.2022 CM APPL. 444/2022
1. This application has been filed by the appellant with the following prayers: -
"It is, therefore, respectfully prayed that this Hon‟ble Court may be pleased to:
(A) Dispose off the Appeal titled as "Aimil Ltd. Vs Satinder Gulati"
being RFA No. 204/2019, expeditiously.
(B) Pass any other order or orders as this Hon‟ble Court may deem fit and proper in the interest of justice."
2. The submission of Mr. Mukesh Gupta, learned counsel for the appellant in support of the prayer is that the respondent herein has filed an Execution Petition and if the appeal is not heard the same shall become infructuous.
3. On the other hand, the learned counsel for the respondent has drawn Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:07.01.2022 13:48:36 my attention to the order dated March 12, 2019 wherein this Court had stayed the operation of the impugned order, subject to the appellant depositing the decretal amount. He also states that by a subsequent order dated October 18, 2019, the application wherein a clarification of order dated March 12, 2019 was sought, has been dismissed.
4. At this stage, Mr. Gupta states that the appellant has deposited an amount of ₹87,500/- in this Court but he concedes that the order of depositing the decretal amount has not been complied with. He also states that he shall deposit the complete decretal amount computed as of today, within a period of eight weeks from today. Taking that statement on record, the amount be deposited by the appellant within a period of eight weeks. The amount deposited be invested in an interest-bearing FDR till further orders.
5. Mr. Pardeep Kumar, learned counsel for the respondent states, in view of the order passed by this Court for the deposit of the decretal amount by the appellant, he shall not press the execution proceedings during the pendency of the appeal. It is also made clear, if the amount is not deposited by the appellant within eight weeks, the respondent shall be within its right to proceed with the execution proceedings.
6. Insofar as the prayer for early hearing of the appeal is concerned, noting the position of the Board, it is not possible to accede to the request.
7. The application is closed.
V. KAMESWAR RAO, J.
JANUARY 5, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:07.01.2022 13:48:36