Madhya Pradesh High Court
State Bank Of India Thr. vs Harsh Wood Product Pvt. Ltd. Thr. on 21 March, 2018
THE HIGH COURT OF MADHYA PRADESH
CR-194-2018
(STATE BANK OF INDIA THR. Vs HARSH WOOD PRODUCT PVT. LTD. THR.)
1
Gwalior, Dated : 21-03-2018
Mrs. Shobha Manon, learned senior counsel with Shri M.P.
Agarwal, Advocate for petitioners/revisionists/Bank.
Heard on admission as well as IA No. 1444/2018, an application
for grant of stay.
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The present Civil Revision under Section 115 of the Code of
e
Civil Procedure, 1908 has been preferred by the
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petitioners/revisionists/State Bank of India being crestfallen by the
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order dated 20.02.2018 (Annexure A/1) passed by the VIIth
Additional District Judge, Gwalior, whereby, review application
a
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preferred by the petitioners has been rejected and order dated
05.12.2017 (Annexure A/2) passed by the same Court has been
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maintained.
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According to learned senior counsel appearing for petitioners,
the judgment and decree passed in favour of petitioners/plaintiffs have
of
been set aside by Appellate Court vide judgment and decree dated
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17.05.2013 (Annexure A/5). The said judgment and decree has been
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passed in a manner, wherein, counter claim of the respondents which
was earlier rejected by the Trial Court has been virtually allowed. C Although, SLP preferred at the instance of present petitioners bore no h result as it got dismissed in limini, still the question of jurisdictional ig error committed by Appellate Court was available to the petitioners to H raise even before Executing Court. The Executing Court proceeded further and caused illegality and perversity while not considering the submissions of the petitioners and proceeded with the execution of the judgment and decree passed by the Appellate Court (which suffered from jurisdictional error), therefore, said decree could not have been executed.
Issue notice to the respondents on payment of process fee through Ordinary as well as Registered A.D. mode within three working days. Notice be made returnable within four weeks.
As an interim measure, till next date of hearing, effect and operation of the impugned orders dated 20.02.2018 (Annexure R-1) and 05.12.2017 (Annexure R/2) shall remain stayed.
List immediately after four weeks. Certified copy today.
(ANAND PATHAK) JUDGE esh (LJ*) ad Digitally signed by LOKENDRA Pr JAIN Date: 2018.03.21 15:10:16 +05'30' a hy ad M of rt ou C h ig H