U-CLIX INFRA LIMITED Vs. CHETAK ENTERPRISES LTD.

JUDGEMENT

(1.) Although matter comes upon second stay petition laid on behalf of appellant but with the consent of learned counsel for the parties the appeal itself is heard finally at this stage.

(2.) By the instant appeal under Order 43 Rule 1(q) read with Rule 41 CPC, appellant-defendant has challenged order dtd. 11/7/2018, passed by Additional District and Sessions Judge No. 2, Nimbahera, District Chittorgarh (for short, 'learned Court below'). By the order impugned learned Court below, while considering application of respondent-plaintiff under Order 38 Rule 5 CPC in a suit for recovery of a sum of Rs.41,34,448.00, asked the appellant-defendant to furnish bank guarantee of the aforesaid amount with undertaking that he shall not leave the country without prior permission of the Court.

(3.) It is argued by learned counsel for the appellant that, while passing the impugned order, learned Court below has not recorded its satisfaction about the requirements envisaged under Rule 1 of Order 38 CPC, and therefore, there was apparently no reason to believe that appellant is likely to leave the country.