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Supreme Court - Daily Orders

Vijay Kumar vs Himachal Pradesh State Industrial ... on 14 July, 2014

     ITEM NO.35                           COURT NO.13                    SECTION XIV

                               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). 15379/2014

     (Arising out of impugned final judgment and order dated 01/04/2014
     in OSA No. 2/2011 passed by the High Court Of H.P At Shimla)

     VIJAY KUMAR                                                         Petitioner(s)

                                                 VERSUS

     HIMACHAL PRADESH STATE INDUSTRIAL DEVELOPMENT
     CORPORATION LTD.(H.P.S.I.D.C.) & ORS.                              Respondent(s)

     (with appln. (s) for exemption from filing o.t. and prayer for
     interim relief)

     Date : 14/07/2014 This petition was called on for hearing today.

     CORAM :
                             HON’BLE MR. JUSTICE M.Y. EQBAL
                             HON’BLE MR. JUSTICE KURIAN JOSEPH

     For Petitioner(s)
                                     Ms. Radhika Gautam, Adv.
                                     Mr. E. C. Agrawala,Adv.
                                     Mr. Rajesh Kumar, Adv.
     For Respondent(s)


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

Heard learned counsel for the petitioner. Against a money decree, an appeal was filed by the petitioner in which direction was given for deposit of 50% of the decretal amount. Order XLI Rule 1 sub-Rule(3) of the Civil Procedure Code, 1908 very specifically provides that in case appeal is preferred against the money decree, the Appellate Signature Not Verified Court may direct the appellant to deposit the entire money or Digitally signed by Sukhbir Paul Kaur Date: 2014.07.16 19:56:38 IST furnish such security in respect thereof. Reason:

...2/-
-2-
In that view of the matter, we do not find any infirmity in the impugned order passed by the High Court. The special leave petition is, accordingly, dismissed. (Sukhbir Paul Kaur) (Tapan Kr.Chakraborty) Court Master Court Master