Case No. : I.A.(Civil)/400/202 vs Subrata Roy
2021 Latest Caselaw 1273 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
                                      In RSA No. 242/2018
            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 SANJAY KUMAR MEDHI

                                           ORDER

31-03-2021 On the prayer of Shri A. K. Gupta, learned counsel for the respondent, list this case immediately after the Bihu vacation to enable him to seek instructions.

The matter pertains to an execution proceeding which has been stayed by this Court in an Interlocutory application connected with the second appeal preferred against the impugned judgment and decree. However, it appears that the respondent has filed an application alongwith a copy of the order passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs Central Bureau of Investigation. The aforesaid Page No.# 2/2

order was passed in an entirely different context wherein criminal trials mostly under the Prevention of Corruption Act were seen to be dragging after an initial order of stay and therefore under those circumstances the Hon'ble Supreme Court had laid down that in such matters such stay would automatically be vacated within a period of 6 (six) months.

However, the present case is on a totally different context and in that view of the matter, Shri Gupta, learned counsel has prayed to obtain necessary instructions.

As prayed for list this matter after the Bihu vacation.

JUDGE

Comparing Assistant