Delhi High Court - Orders
Imperia Structure Ltd & Ors vs M/S Ambawatta Buildwell Pvt Ltd & Anr on 25 July, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
CM APPL. 32337/2022 in
+ RFA(OS)(COMM) 37/2019
IMPERIA STRUCTURE LTD & ORS ..... Appellants
Through: Mr P.S. Bindra, Sr. Adv. with Mr
Rishabh Pant, Adv.
versus
M/S AMBAWATTA BUILDWELL PVT LTD & ANR. Respondents
Through: Mr Pradeep Dhingra, Mr Nishant
Kumar, Mr Nikhil Joshi and Mr
Divyam Khera, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 25.07.2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 32337/2022
1. This is an application filed on behalf of the appellants seeking modification of the order dated 20.09.2019 passed by this Court in CM No.42137/2019.
2. Mr P.S. Bindra, learned senior counsel, who appears on behalf of the applicants/appellants, says that because of financial difficulty, modification of the order is sought, to the effect, that instead of depositing the decretal amount with this Court, security may be permitted to be furnished in terms of an immovable property.
RFA(OS)(COMM) 37/2019 page 1 of 2 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:30.07.2022 18:51:17
3. According to us, there can be no modification of the order, that too qua an interim order, which stands dissolved.
3.1. A perusal of the order dated 20.09.2019 would show that, while admitting the appeal, interim protection had been granted, subject to the applicants depositing the decretal amount within four weeks. The impugned decree was stayed on those terms.
3.2. Admittedly, as indicated above, the decretal amount has not been deposited. There is, in the eyes of law, no interim protection and therefore, there cannot be a modification of the direction which stood dissolved after four weeks of the above-mentioned order being passed.
4. The application is, accordingly, closed.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
JULY 25, 2022/aj
Click here to check corrigendum, if any
RFA(OS)(COMM) 37/2019 page 2 of 2
Signature Not Verified
Digitally Signed By:ATUL
JAIN
Signing Date:30.07.2022
18:51:17