Full Judgment Text
NON
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5169 OF 2008
(Arising out of SLP (C) No. 5046 of 2007)
State of Bihar ….Appellant
VERSUS
M/s. Pandey and Company
Builders Pvt. Ltd. ….Respondent
W I T H
CIVIL APPEAL No…5170/2008
( Arising out of SLP©No.9998/2007 )
O R D E R
1. Leave granted.
th
2.
These appeals are directed against order dated 18 of
August, 2006 of High Court of Judicature at Patna
disposing of IA Nos. 5977/2005 and 5982/2005 arising
rd
out of MA No. 174/2001 and the order dated 23 of
April, 2007 passed in the aforesaid appeal.
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3. We have heard the learned counsel for the parties and
considering the facts and circumstances of the present
case, we dispose of these appeals in the following
manner :-
i)
In the event, the decretal amount in question is
deposited within two months from the date of
supply of a copy of this order to the High Court,
the recovery of the said awarded money or if any
execution proceedings have already been started
for recovery of the same, shall remain stayed till
the disposal of the appeal and the order dated
rd
23 of April, 2007 shall stand set aside. For a
period of three months from today, there shall be
an unconditional order of stay of recovery of the
awarded money.
ii) However, if the amount is not deposited within
the period mentioned above, the interim order,
as indicated herein above, shall stand vacated
automatically.
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iii) The hearing of the appeal be expedited.
4. The High Court is requested to dispose of the pending
appeal within a period of six months from the date of deposit
of the awarded amount in accordance with law without
granting any unnecessary adjournment to any of the parties.
5. The impugned orders of the High Court are modified
to the extent indicated above. The appeals are thus disposed
of with no order as to costs.
…..…….………………..J.
[ TARUN CHATTERJEE ]
NEW DELHI ………………………..J.
AUGUST 04, 2008 [ AFTAB ALAM ]
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