PAWAN KUMAR Vs. YOGINDERA FINANCE LIMITED

JUDGEMENT

(1.) Prayer in the present Civil Revision Petition filed under Article 227 of the Constitution of India is for setting aside the impugned order dtd. 16/12/2025 (Annexure P-6), passed by the learned District Judge, Gurugram, to the extent that an onerous condition has been imposed directing the petitioner to deposit the decreetal amount of Rs.21,71,706.00along with pendente lite and future interest @ 9% per annum and costs, while staying the execution of the ex parte judgment and decree dtd. 21/10/2008 (Annexure P-1) passed in Civil Suit No. 68 dtd. 1/3/2006, titled as "Yogindera Finance Limited vs. Pawan Kumar and another," subject to furnishing a bank guarantee/security by the petitioner.

(2.) Brief facts of the case are that the respondent No. 1-Yogindera Finance Limited had filed Civil Suit No. 68 dtd. 1/3/2006 for recovery of Rs.23,71,706.00 along with interest against the present petitioner-defendant. The petitioner-defendant was proceeded against ex parte vide order dtd. 23/8/2006. After leading the evidence of the respondent-plaintiff, the suit was decreed vide judgment and decree dtd. 21/10/2008 (Annexure P-1).

(3.) Learned counsel for the petitioner has contended that the order dtd. 16/12/2025 (Annexure P-6) is illegal and arbitrary to the extent that an erroneous condition has been imposed requiring deposit of the decreetal amount of Rs.21,71,706.00 along with interest while staying the execution of the judgment and decree dtd. 21/10/2008 (Annexure P-1).