STATE OF HARYANA Vs. V K AGGARWAL

JUDGEMENT

(1.) WE have heard learned counsel for the parties. Leave granted.

(2.) THIS appeal by special leave is directed against the judgment and order dated 13th February, 2007 passed by the learned Single Judge of the High Court of Punjab and Haryana in R. S. A. No. 2239 of 2006 where the appeal was admitted but no stay of operation of the judgment of the trial Court was granted and it was observed that if excess payment is made then amount can always be recovered. This was not the correct approach. Once an appeal has been admitted, normally the Court should have stayed the operation of the judgment subject to some conditions.