PRIYANKA ESTATE INTERNATIONAL (P) LTD. AND 5 ORS v. SARALA DEVI LAHOTY @ SARLA LAHOTI
I.A.(Civil)/1902/2025 · 2025-07-22
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11386 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11386 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/ GAHC010087562025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1902/2025 PRIYANKA ESTATE INTERNATIONAL (P) LTD. AND 5 ORS A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT C/O. TRADESWOTH STEEL CO.
SATI JAYMATI ROAD ATHGAON GUWAHATI-781001 ASSAM.
2: PRAMOD SINGHANIA SON OF LATE MOHAN LALAGARWAL @ LATE MOHAN LAL AGARWAL @ LT. MOHAN LAL SINGHANIA DIRECTOROF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED AND KARTA OF PRAMOD SINGHANIA HUF RESIDENT OF SILVER APARTMENT 4THFLOOR PIYOLI PHUKAN ROAD REHABARI GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD TOWER ATHGAON HANUMAN NEAR GUWAHATI-781001.
3: MADHU SINGHANIA WIFE OF SRI PRAMODSINGHANIA DIRECTOROF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED AND KARTA OF PRAMOD SINGHANIA HUF RESIDENT OF SILVER APARTMENT 4THFLOOR PIYOLI PHUKAN ROAD
Page No.# 2/ REHABARI GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD TOWER ATHGAON HANUMAN NEAR GUWAHATI-781001.
4: PRAMOD SINGHANIA HUF DOING PROPRIETORIAL BUSINESS UNDER THE NAME AND STYLE OF M/S. GLOBAL CONSTRUCTION COMPANY REPRESENTED BY ITS KARTA SRI PRAMOD SINGHANIA SON OF LATE MOHAN LAL AGARWAL @MOHAN LAL SINGHANIA DIRECTOR OF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED AND KARTA OF PRAMOD SINGHANIA HUF RESIDENT OF SILVER APARTMENT 4THFLOOR PIYOLI PHUKAN ROAD REHABARI GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD TOWER ATHGAON HANUMAN NEAR GUWAHATI-781001.
5: PRIYANKA SINGHANIA DAUGHTER OF SRI PRAMOD SINGHANIA MEMBER OF M/S. PRAMOD SINGHANIA HUF RESIDENT OF SILVER APARTMENT 4H FLOOR PIYOLI PHUKAN ROAD REHABARI GUWAHATI-781008. AND OFFICE AT M/S. TRADESWOTH STEEL CO.
SATI JAYMATI ROAD NEAR HANUMAN TOWER ATHGAON GUWAHATI-781001.
6: GLOBAL CONSTRUCTION CO.
A PROPRIETORIAL CONCERN OF M/S. PRAMOD SINGHANIA HUF RESIDENT OF SILVERAPARTMENT 4TH FLOOR PIYOLI PHUKAN ROAD REHABARI GUWAHATI-781008 AND OFFICE AT M/S TRADESWOTH STEEL CO.
Page No.# 3/ SATI JAYMATI ROAD NEAR HANUMAN TOWER ATHGAON GUWAHATI-781007. VERSUS SARALA DEVI LAHOTY @ SARLA LAHOTI WIFE OF SHREEBHAGWAN LAHOTY RESIDENT OF FLAT NO. 6-A PRIYANKA APARTMENT S.C. GOSWAMI ROAD PANBAZAR GUWAHATI PRESENTLY RESIDING AT 1ST FLOOR KRISHNA KUNJ BEHIND DEEVA BOUTIQUE PHOOL BAGAN MACHKHOWA GUWAHATI-781009 DIST. KAMRUP (M) ASSAM. ------------ Advocate for : MR. R K BHUYAN Advocate for : appearing for SARALA DEVI LAHOTY @ SARLA LAHOTI
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER Date : 23.07.2025 Heard Mr. R.K. Bhuyan, learned counsel for the applicants and also heard Mr. P. Khataniar, learned counsel for the sole respondent/opposite party.
2. This interlocutory application, is preferred by the applicants under Order 41 Rule 5 of the Code of Civil Procedure,1908, for staying the impugned
judgment and decree dated 12.12.2024, passed by the learned Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati in Title Suit No. 469/2012, whereby the suit has been decreed in favour of the plaintiff/respondent.
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3. Mr. Bhuyan, learned counsel for the applicants submits that the connected regular first appeal has already been admitted by this Court and notice has been issued and record has already been called for and as such, there is a requirement for staying the impugned judgment and decree, till disposal of the RFA and he is ready to deposit 40% of the decretal amount before the Registry of this Court as security.
4. Mr. Khataniar, learned counsel for the sole respondent/opposite party submits that the applicants applicants may be directed to deposit 50% of the decretal amount since the respondent/opposite party has been residing in a rented premise.
5. Taking note of the submission of learned counsel for both the parties, this interlocutory application stands allowed. The impugned judgment and decree dated 12.12.2024, passed by the learned Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati in Title Suit No. 469/2012, stands stayed till disposal of the RFA, subject however to depositing of 40% of decretal amount before the Registry of this Court within a period of 4 (four) weeks from today.
6. Mr. Khataniar, further submits that after the security amount being deposited before the Registry of this Court, the respondent may be allowed to withdraw the same.
7. Prayer is accordingly allowed.
8. In terms of above, this I.A. stands disposed of.
JUDGE Comparing Assistant