Full Judgment Text
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CASE NO.:
Appeal (civil) 3163 of 2008
PETITIONER:
STATE OF HARYANA & ORS
RESPONDENT:
V.K. AGGARWAL
DATE OF JUDGMENT: 30/04/2008
BENCH:
A.K.MATHUR & ALTAMAS KABIR
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.3163 OF 2008
(Arising out of SLP(C) No.18862 of 2007)
We have heard learned counsel for the parties.
Leave granted.
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.
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However, the notice was given in this case and an interim order was
passed by this Court on 6th September, 2007.
Having regard to the facts and circumstances of the case, we
confirm the interim order dated 6th September, 2007 and request the High
Court to dispose of the matter expeditiously preferably within a period of
six months.
The appeal is accordingly, disposed of.