Rajasthan High Court - Jodhpur
M/S Abhinav Gold International And Ors vs Ramswaroop on 22 January, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil First Appeal No. 299/2014
M/s Abhinav Gold International And Ors.
----Appellant
Versus
Ramswaroop
----Respondent
For Appellant(s) : Mr. Bhavit Sharma.
For Respondent(s) : Mr. Darshan Jain.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
22/01/2021
The matter comes up on application filed by the appellant
seeking extension of the interim order granted by this Court on
25.05.2015.
It is submitted by learned counsel for the appellants that in
view of the judgment of the Hon'ble Supreme Court in the case of
Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of
Investigation : (2018) 16 SCC 299, the interim order requires
extension.
Perusal of the record indicates that the present first appeal
has been filed against the judgment & decree dated 30.09.2014
passed by the trial court and by order dated 25.05.2015, a Co-
ordinate Bench of this Court passed the following order :-
"In the meanwhile, execution of the impugned
judgment and decree dated 30.09.2014 passed by
Additional District Judge No.2, Bhilwara is stayed subject
to the condition that appellant shall deposit Rs.50,000/-
before the learned trial Court within a period of four weeks
from today. The amount aforesaid may be disbursed to
the respondents-plaintiffs by the learned trial Court in
accordance with law."
.
When it was pointed out to learned counsel for the appellants that the direction in the case of Asian Resurfacing of Road Agency (supra) has apparently no application to the facts of (Downloaded on 22/01/2021 at 08:55:53 PM) (2 of 2) [CFA-299/2014] the present case, wherein the trial is not pending, learned counsel for the appellants submitted that the executing courts are insisting for getting extension of the interim order even in execution cases, in view of the case of Asian Resurfacing of Road Agency (supra).
In the case of Asian Resurfacing of Road Agency (supra), the Hon'ble Supreme Court, inter-alia, directed as under :-
"37. .... .... .... ..... Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced."
(emphasis supplied) A perusal of the above direction indicates that the same is confined to matters, which are pending before the trial court i.e. the suits wherein trials are pending, the same has no application to the cases where the suits have concluded and decree has been passed.
Merely because execution proceedings pertaining to the decree is also pending before the trial court, the order passed by the Hon'ble Supreme Court is not applicable to the execution proceedings. In view thereof, there is no necessity to order for extension of the interim order, which is already unlimited.
With the above observations, the application filed by the appellant stands disposed of.
(ARUN BHANSALI),J 47-Rmathur/-
(Downloaded on 22/01/2021 at 08:55:53 PM) Powered by TCPDF (www.tcpdf.org)