State of Bihar Vs.
M/S. Pandey and Company Builders Pvt. Ltd [2008] INSC 1304 (4 August 2008)
Judgment
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 WITH
CIVIL APPEAL No...5170/2008 ( Arising out of SLP)No.9998/2007 )
ORDER
1.
Leave
granted.
2.
These
appeals are directed against order dated 18th of August, 2006 of High Court of
Judicature at Patna disposing of IA Nos. 5977/2005 and 5982/2005 arising out of
MA No. 174/2001 and the order dated 23rd of April, 2007 passed in the aforesaid
appeal.
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 23rd 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.
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.
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