Hemanta Moran vs Subrata Roy
2021 Latest Caselaw 1750 Gua

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GAHC010027292021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/400/2021

            HEMANTA MORAN
            S/O. SRI BANESWAR MORAN,
            R/O. ROOP NAGAR, MAKUM, P.O. MAKUM JUNCTION, P.S. MAKUM, DIST.
            TINSUKIA, ASSAM, PIN- 786125



            VERSUS

            SUBRATA ROY
            S/O. SRI NARADA CHARAN ROY, R/O.TARUN NAGAR, MAKUM, P.O. AND
            P.S. MAKUM, DIST. TINSUKIA, ASSAM, PIN- 786125



Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent : MR. A K GUPTA




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 02-08-2021

Heard the learned counsel Mr. D.C.C. Phukan, learned counsel appearing for the applicant.

This Court by an order dated 20.08.2018, vide I.A (C) 3008/2018 passed an order directing stay of execution a an decree in view of RSA Page No.# 2/3

242/2015.

Thereafter, the opposite party filed an application before the learned Court below stating that in Asian Resurfacing of Road Agency Private Limited and Anthr Vs. Central Bureau of Investigation, the Hon'ble Supreme Court has laid down that in both the Civil or Criminal proceedings stay order would automatically expired after 6 months unless within the aforesaid six months the stay order is not extended by the concerned Court.

By filing the present I.A the applicant submits that the aforesaid judgment passed by the Hon'ble Supreme Court pertains to Civil and Criminal trial only not in any appeals. Today, the learned counsel Mr. A.K. Gupta appearing for the opposite party has conceded to the aforesaid submission made by learned counsel Mr. Phukan.

I have given my anxious consideration to the submission made by the learned counsel of both sides. I have also gone through the judgment as mentioned herein before. The present application filed by the applicant is allowed.

The impugned order dated 09.11.2020, passed in TA No. 12/2018 is set aside.

It is hereby directed that the stay order dated 10.09.2018 passed by the court below shall continue till disposal of the appeal.

The I.A stands disposed of.

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JUDGE

Comparing Assistant