Patna High Court - Orders
Bihar School Examination Board & Ors. vs Sri Pramod Kumar Choudhary on 15 September, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.178 of 2009
BIHAR SCHOOL EXAMINATION BOARD & ORS.
Versus
SRI PRAMOD KUMAR CHOUDHARY
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07. 15.09.2010. Heard the learned counsels for the parties on the Interlocutory Application No.4769 of 2010.
In view of the explanation given in the limitation application, i.e., I.A. No.4769 of 2010, I am satisfied that the appellant was prevented by sufficient cause from not filing this Appeal within time. The delay of about 17 days in filing the Appeal is condoned. Accordingly, I.A. No.4769 of 2010 is allowed.
So far I.A. No.647 of 2010 is concerned, this application has been filed by the appellant under order 41 Rule 5 read with Section 151 C.P.C. praying therein to stay further proceeding in Execution Case No.5 of 2009 pending in the Court of Sub Judge-IV, Patna. The learned counsel for the appellant submitted that he is ready to deposit the 50 per cent of the decretal amount with interest within two months before executing Court. For the rest 50 per cent of the decretal amount with interest bank guarantee shall be furnished by the appellant before executing Court within the said period.
The learned counsel for the respondent submitted that the total decretal amount with interest till 30th August, 2010 comes to Rs.16,25,113.60/-.
2In such view of the matter, the appellant is directed to deposit the 50 per cent of the decretal amount with interest which may be verified again on calculation within two months before the executing Court and for the rest 50 per cent, the appellant must furnish bank guarantee within the said period. If the 50 per cent amount is deposited in the executing Court, the respondent shall be at liberty to withdraw 50 per cent of that amount without furnishing security and 50 per cent by furnishing security to the satisfaction of executing Court.
If the said amount is not deposited by the appellant within the stipulated period and also bank guarantee is not furnished then the executing Court shall proceed to execute the decree.
The learned counsel for the appellant submitted that the Appeal itself may be heard without the paper book. The appellant shall deposit special messenger cost for calling for the lower Court record within one weeks. If the special messenger cost is deposited, the lower Court record may be called for through special messenger and after receipt of the lower Court record, the appeal may be listed under the heading for Hearing within top 10 cases without the paper book, if the Appeal is ready for hearing.
In the meantime, the office shall pass formal order admitting the appeal.
Sanjeev/- (Mungeshwar Sahoo,J.)
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