IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 120 CR-9500-2025 Date of Decision.:27.01.2026 Kuldeep Singh …..Pe00oner Vs. Harjinder Singh .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vijay Rana, Advocate with Ms. Shreya Rana, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Suit for recovery for an amount of ₹ 10 Lacs filed by plainff Harjinder Singh (respondent herein) was decreed by the trial Court on 03.03.2025 (Annexure P-1) along with interest @ 9% per annum from the date of payment i.e. 26.07.2017 ll the date of judgment; and with future interest @ 6% per annum from the date of decree ll realizaon. Defendant of the case namely Kuldeep Singh (peoner herein) filed an appeal and along with the same, moved an applicaon for staying the operaon of the trial Court judgment. 2. The first Appellate Court vide order dated 17.11.2025 (Annexure P-5) stayed the execuon of the judgment and decree of the trial Court but subject to furnishing the bank guarantee of the amount of ₹12,50,000/- in the trial Court. 3. Now the appellant- defendant has approached this Court, assailing the order dated 17.11.2025 to the extent of making the stay of the execuon of the judgment and decree of the trial Court, condional on NEETIKA TUTEJA 2026.01.28 14:43 I attest to the accuracy and integrity of this document CR-9500-2025 -2- furnishing the bank guarantee. 4. It is contended by learned counsel for the peoner that sufficient grounds have not been given by the Appellate Court to put such a condion. 5. This Court does not find merit in the contenon. 6. The discreon exercised by the Appellate Court is in consonance with the guidelines issued by Hon’ble Supreme Court regarding the grant or refusal of the stay of execuon of decree under Order XLI CPC, in “Lifestyle Equies C.V. and anr. Vs. Amazon Technologies Inc.” 2025 (4) Law Herald (SC) 2696, wherein it was held by Hon’ble Supreme Court that for granng of stay of the execuon, Appellate Court has a discreon to impose a condion of deposit of the amount depending on the facts and circumstances of the case. 7. As such, this Court does not find any illegality or perversity in the exercise of discreon by the Appellate Court. No merits. Dismissed. ( DEEPAK GUPTA ) JUDGE January 27, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.01.28 14:43 I attest to the accuracy and integrity of this document