Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Gujarat State Disaster Management ... vs M/S Aska Equipments Ltd. on 14 February, 2020

Bench: R. Banumathi, A.S. Bopanna

                                                            1

                                                                                      OUT TODAY

     ITEM NO.40                                   COURT NO.5                    SECTION X

                                      S U P R E M E C O U R T O F           I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No(s). 25735/2019
     (Arising out of impugned final judgment and order dated 26-09-2019
     in WPMS No. 2708/2019 passed by the High Court Of Uttarakhand At
     Nainital)

     GUJARAT STATE DISASTER MANAGEMENT AUTHORITY                                   Petitioner(s)

                                                           VERSUS

     M/S ASKA EQUIPMENTS LTD.                                                      Respondent(s)
     (IA No. 27058/2020 - EXEMPTION FROM FILING O.T.
      IA No. 27057/2020 - STAY APPLICATION)

     Date : 14-02-2020 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MRS. JUSTICE R. BANUMATHI
                             HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                     Mr.   Guru Krishna Kumar,Sr.Adv.
                                           Mr.   Ajay Kumar, AOR
                                           Mr.   Pinakin M. Raval,Adv.
                                           Mr.   Ranjith Kumar,Adv.
                                           Mr.   Kumar Shivam,Adv.
                                           Mr.   Ashish Chaubey,Adv.

     For Respondent(s)                     Mr. Jitender Chaudhary,Adv.
                                           Ms. Shilpa C.,Adv.
                                           Mr. Rajesh Singh, AOR


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Through the order dated 23.10.2019, we had directed the petitioner-herein to deposit a sum of Rs. 2,50,00,000/- (Rupees two crore fifty lakhs) and the said order has been complied with.

Though through the said order, we had directed that the said amount 16:51:27 IST Reason:

be kept in deposit, keeping in view that the respondent herein is small industry and also taking note of the fact that the  2 consideration of the instant petition would take some time and the execution petition is levied, we permit the respondent-herein to withdraw the said amount of Rs.2,50,00,000/- (Rupees two crore fifty lakhs) without prejudice to the contentions of both the parties. The District Court before which the deposit is made shall now disburse the said amount to the respondent and we make it clear that there would be no impediment for the District Court to hear the appeal on its own merits in the meanwhile. The District Court to expedite the hearing.

List the matter on 20th March, 2020.

In the meanwhile, there shall be stay of Execution Case No. 36 of 2020.

(MADHU BALA)                                             (BEENA JOLLY)
AR-CUM-PS                                                 BRANCH OFFICER