Civil Revision No. 2905 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2905 of 2011 Date of Decision: 22.7.2011 *** M/s Color Style & Anr. .. Petitioners Vs. M/s prem Collections & Prints Pvt. Ltd. .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Shiv Kumar, Advocate for the petitioner. Mr. Amarjit Singh Chadha, Advocate for respondent. *** ARVIND KUMAR, J. The present petitioners are the defendants in the suit filed by respondent seeking their ejectment from the industrial shed along with mesne profits @ Rs.1,31,296/- per month from 15.7.2007 till delivery of possession. Vide judgment and decree dated 1.3.2011 the prayer of the plaintiff was accepted in toto and the suit was decreed with costs. The petitioners preferred an appeal, during hearing of which the learned appellate Court below stayed the operation of the judgment and decree dated 1.3.2011, subject to payment of 50% of the mesne profits. However, the petitioners with the filing of an application brought to the notice of the Court that they had already made the payment of Rs.65,648/- per month to the plaintiff till February, 2011, which comes to around Rs.24,94,624/-, out of the total mesne profits of Rs.51,51,840/-, as awarded, and the same be adjusted towards the directions of depositing of 50% of the mesne profits. But the learned appellate Court vide order dated 28.4.2011 turned down their prayer and directed them to pay the 50% of the amount due towards them, which according to the plaintiffs comes near to Rs.28 lacs. This has necessitated the petitioners to file the present revision petition. Heard. Civil Revision No. 2905 of 2011 2 It goes undisputed on record that during the trial the petitioners were directed to pay Rs.65,648/- per month to the plaintiff and they kept on making the payment upto February,2011. In other words, an amount of Rs. 24,94,624/- was credited to the plaintiffs upto that period. Now the dispute is left with regard to the remainder of mesne profits from 15.7.2007 till passing of the decree i.e. February, 2011, for which there had been a consensus between the learned counsel for the parties that the petitioners shall furnish a security/ surety of Rs.13 lacs, instead of making the payment of 50% of the total amount due, so as to make the stay order operational. In view of this, the instant petition is partly allowed and the impugned order is modified that instead of depositing the amount in cash, the petitioners shall furnish security/ surety of Rs.13 lacs with the undertaking to realize the amount thereof immediately to the plaintiff, in case of their failure in appeal. The aforesaid formality be completed within fifteen days of the order. However, it shall be appreciated if the learned appellate Court shall decide the appeal on the date, now fixed before it. (ARVIND KUMAR) JUDGE July 22, 2011 Jiten