Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 RCA DJ 131/26
Udit Mishra Vs. Ashok Sharma
15.07.2026
Present: Sh. Ronak Gupta and Sh. Abhishek Chaturvedi, Ld.
Counsel for the appellant alongwith appellant Sh. Udit
Mishra.
Sh. Zeeshan Ahmed, Ld. Counsel for respondent no. 1
alongwith respondent.
Rejoinder to the reply to the appeal is filed.
Part arguments heard on the appeal filed by the appellant
from 10:45 a.m to 11:30 a.m.
Ld. Counsel for the respondent no. 1 has pressed for his
application u/s 151 CPC seeking vacation of the stay order on ground that
order 39 rule 3 CPC compliance was not done within time. The appellant
ought to have complied with the procedural requirement and should have
supplied all of the documents alongwith copy of the order. On query
made, it is learnt that by now, respondent no. 1 already has been supplied
complete documents. The Court expects strict compliance in future. The
stay was granted ad-interim arrangement till date next date and before the
Court considered whether to continue or modify it, both parties were
already before the Court and not only reply has been filed, but rejoinder
to the reply is also filed and parties have been heard in part. Vacating the
stay at this stage on a purely procedural ground may render the appeal
infructuous or alter the status quo, before the appellate Court decides the
merits of the case and hence, the application u/s 151 CPC is dismissed.
List the matter for further arguments on 21.09.2026.
TCR be summoned for the date fixed.
(Mayuri Singh)
DJ-10/Central/THC/Delhi.
15.07.2026
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