Allahabad High Court
U.P. Avas Evam Vikas Parishad vs Shri Sheo Narain And Others on 19 August, 2011
Bench: Satya Poot Mehrotra, Yogesh Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- FIRST APPEAL DEFECTIVE No. - 115 of 2004
Petitioner :- U.P. Avas Evam Vikas Parishad
Respondent :- Shri Sheo Narain And Others
Petitioner Counsel :- Shri Kant
Respondent Counsel :- L.P. Singh,L.K. Singh
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal
By the judgment and order dated 20th December, 2005, this Court dismissed the appeal summarily under Order 41 Rule 11 of the Code of Civil Procedure. The said judgment and order dated 20th December, 2005 passed by this Court has been set aside by their Lordships of the Hon'ble Supreme Court by the order dated 25th April, 2011 passed in Civil Appeal No.3615 of 2011. Their Lordships of the Hon'ble Supreme Court have observed that " the appeal filed by the appellant raised sufficient grounds which require to be dealt with and decided by this High Court on merits".
In view of the above, we are of the opinion that the appeal filed by the appellant deserves to be admitted.
Admit.
Issue notice.
Notice on behalf of claimant-respondent nos.1 and 2 has been accepted by Sri L.K. Singh, Advocate, who has filed his vakalatnama on behalf of the said respondents.
Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Order on Stay Application
Issue notice.
Notice on behalf of claimant-respondent nos.1 and 2 has been accepted by Sri L.K. Singh, Advocate, who has filed his vakalatnama on behalf of the said respondents.
Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks.
Heard on the question of grant of interim relief.
Having regard to the facts and circumstances of the case and having considered the submissions made by Sri Shri Kant, learned counsel for the appellant, and Sri L.K. Singh, learned counsel for the claimant-respondent nos.1 and 2, it is directed that the operation of the impugned Award dated 18th October, 2003 will remain stayed until further orders of the Court, provided within three months from today, the appellant deposits the entire amount awarded under the impugned Award together with solatium, interest etc., before the Reference Court below concerned. The amount, if any, already deposited by the appellant, will be adjusted.
The amount so deposited by the appellant will be paid/invested as under:
(1) 25% of the amount so deposited, will be paid jointly to the claimant-respondent nos.1 and 2 without furnishing any security.
(2) Further 25% of the amount so deposited, will be paid jointly to the claimant-respondent nos. 1 and 2 on furnishing adequate security to the satisfaction of the Reference Court below.
(3) Balance 50% of the amount so deposited, will be invested in maximum interest- bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the name of the Reference Court below concerned.
The amount invested in Fixed Deposit as per the directions given above, will not be permitted to be withdrawn by either of the parties without leave of this Court.
The fate of the amount invested in Fixed Deposit will be subject to further orders of this Court.
In the event of default on the part of the appellant in making the deposit as directed above, the interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit may be exchanged between the parties by the next date fixed in the matter.
List before the appropriate Bench on 5th December, 2011.
Order Date :- 19.8.2011
NS
