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2011 DIGILAW 1829 (HP)

Jagan Nath Sharma v. Vinod Bala

2011-03-30

DEV DARSHAN SUD

body2011
JUDGMENT Dev Darshan Sud, J The order passed by the learned Appellate Court cannot be sustained for the reason that if it is read in its entirety, it imposes imprisonment by invitation, that is to say that the petitioner herein has to suffer imprisonment, on the statement made by the counsel of the petitioner, before the learned Appellate Court. 2. However, the other aspect of the case is that an assurance had been given to the Court below that a sum of `2,30,000/- representing the amount of compensation awarded by the learned trial Court was to be paid to the respondent herein. Taking into consideration the totality of facts and circumstances of the case, this revision petition is disposed of with a direction that the petitioner herein shall pay ` 2,40,000/-to the respondent on or before 30 September, 2011. It is specifically made clear that in case the amount is not paid to the respondent, the sentence of imprisonment as imposed by the learned trial Court shall revive and shall be duly and faithfully executed by the Court below. Petition stands disposed of.