Calcutta High Court (Appellete Side)
Transcriber : Nandy Union Of India ... vs Majidur Rahaman & Anr on 29 September, 2021
29.09.2021 FAT 88 of 2020
with
court no.
Item no.
: 09
: PB-12
CAN 2 of 2020
matter : FAT
status : STAYED
transcriber : nandy Union of India & Anr.
Vs.
Majidur Rahaman & Anr.
Mr. Deepak Kumar Singh, Advocate
......for the Appellant
Re: CAN 2 of 2021 (Stay)
This is an application for stay of operation of the
impugned judgment and order dated April 18, 2008 passed
in L.A. Case No. 88 of 2003 by the learned Additional
District Judge, Second Court, Balurghat, Dakshin Dinajpur.
After acquisition of the property by the appellant the
Collector made and published an award and the awarded
sum has been deposited with the concerned Court. It is
contended in the instant application that the said awarded
sum was accepted by the respondent but the reference
case under Section 18 of the Land Acquisition Act, 1894
was initiated, which is par se illegal.
We are not concerned with the legality of the said
reference case at this stage as the same point can be
agitated and required to be decided at the time of final
hearing of an appeal. We are concerned with the order as
prayed for.
There is no ambiguity that the award passed by the
L.A. Court is akin to the money decree and in view of the
provisions contained under Order XLI Rules 5 and 6 of the
Code of Civil Procedure, a blanket order of stay should not
be granted but must be subscribed with condition.
We, therefore, direct the appellant to deposit the
amount awarded by the L.A. Court in the impugned
judgment with the Registrar General of this Court within six
weeks from date.
In the event, such deposit is made within the time
indicated above, the Registrar General shall invest the
same in a short term fixed deposit with any nationalized
bank and shall continue to renew the same from time to
time or until further order, that may be passed in the instant
appeal.
There shall be unconditional stay of all further
proceedings of the impugned judgment and order dated
April 18, 2008 passed in L.A. Case No. 88 of 2003 by the
learned Additional District Judge, Second Court, Balurghat,
Dakshin Dinajpur, for a period of 6 weeks from date.
However, if the deposit is made within the time
stipulated, the order of stay shall continue till the disposal of
the instant appeal.
In default of the compliance as aforesaid, the order of
stay shall stand automatically vacated without any further
reference or the order to be passed in the instant appeal.
The application for stay being CAN 2 of 2021 is,
accordingly, disposed of.
Re: FAT 88 of 2020
Let the Lower Court Record be called for through the
Special Messenger at the cost of the appellant. Such costs
shall be put in on or before October 8, 2021. Upon deposit
of the Special Messenger Costs, Office shall immediately
take steps to bring the same and after examination, if it is
found complete, shall issue a notice under Rule 12 Chapter
IX of the Appellate Side Rules upon the Advocate-on-record
of the appellant.
The appellant shall prepare eight copies of informal
paper books - printed, typewritten or cyclostyled, as the
case may - out of Court within four weeks from date of
notice of arrival of LCR. All other formalities including the
filing of appellant's declaration relating to preparation of
Paper Books are dispensed with.
In addition to the same, the appellant shall also file
the requisites/Talabana and written-up notices form for
effecting service upon the respondent on or before October
8, 2021. Office is directed to effect service of notice upon
the respondents and shall include the effect of service as
and when received in the department.
Upon filing of the Paper Books and on completion of
service upon the respondents, liberty is granted to the
parties to pray for early listing of the matter.
(Harish Tandon, J)
(Bibek Chaudhuri, J.)
