Summary suit
Mrs.n
(Querist) 22 February 2013
This query is : Resolved
Dear All ,
in one of the summary suit(high court-mumbai) order wchich was in our favour was appeled by defendants.
and now the appeal is heard and it is also decided in our favour.
my query is
1) can appallent challange this order ?if yes where ?
2) what is the procedure to stop them to challage this order
3) what should be our course of action now to ensure that defendant follows the order
R.K Nanda
(Expert) 22 February 2013
what is the type of SS?
prabhakar singh
(Expert) 22 February 2013
For what relief that suit was?
It may be division bench of the same high court or the supreme court.
You can not stop him if law provides him a remedy.How ever you can lodge caveat for getting heard when he seeks stay.
File execution of decree passed.
Nadeem Qureshi
(Expert) 23 February 2013
Dear Querist,
I completely agree with Mr. Prabhakar Singh. nothing left to add
Kirti Kar Tripathi
(Expert) 23 February 2013
You can not prevent from filing appeal in Higher Court, However, you can file caveat. From the facts it is evident, there are concurrent findings of both courts, normally higher courts do not interferes, if findings are concurrent.
Raj Kumar Makkad
(Expert) 23 February 2013
If appeal can be filed then legally you cannot stop such person to exhaust his legal right and you can defend your case in such event.
Mrs.n
(Querist) 23 February 2013
Dear Sirs,
Thanks all for prompt suggestions.
summary suit was for recovery of money for cancellation of part order.
sir i need to understand the caveat -as it just give the RIGHT TO HEARD.BUT IS DO NOT STOP APPALLENT FROM CHALLENGING THE ORDER AND IT DO NOT STOP SUPREME COURT FOR MAKING JUDGEMENT ?
Pls correct me if i am wrong in my understanding about caveat.
Thanks
Anirudh
(Expert) 23 February 2013
The Caveat will only enable you to put in appearance at the time of hearing of the Appeal of the defendant.
At that time you can present your position/arguments.
The main purpose of the Caveat is to ensure that no ex-parte order is passed in favour of the Appellant without hearing the other party.
After hearing the Caveater the Court may or may not grant the prayer of the Appellant. That is a different story altogether.
BUT AS RIGHTLY ADVISED BY OTHER EXPERTS, the defendant cannot be stopped from preferring an Appeal to any court including the supreme Court.
prabhakar singh
(Expert) 23 February 2013
YOUR UNDERSTANDING ABOUT CAVEAT IS CORRECT
AND ALL HAS BEEN ALREADY EXPLAINED BY MR.ANIRUDH WITH WHOM I AGREE.
Mrs.n
(Querist) 01 March 2013
Dear Sirs,
Thanks for your prompt replies.
in the same matter ,need your views on following .
1) how the original orders passed in our favour will be executed which says that particular sum of ampunt defendant have to pay to us.
i need to know the procedure how the execution of this order takes place step wise and can defendant deny this .
ajay sethi
(Expert) 01 March 2013
you have not mentioned whether HC has passed a decree in your favour or granted conditional leave to defend to the defendants .if decree passed in your favour apply for certified copy of decree . if no appeal is filed against the decree apply for execution of decree by attachement of property of defendants .
Mrs.n
(Querist) 01 March 2013
Dear Sir
the same order is appealed and appeal orders is also in our favour which is conditional --that if sum of principle amout not deposited within 4 weeks the original order paased stands confirmed .
now after 4 weeks if they do not deposite --what are the procedure to execute physically original order.
