Union Of India vs M/S Meghalaya Cements Ltd
2022 Latest Caselaw 30 Gua

                                                                   Page No.# 1/2

GAHC010147992021




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

                                   Case No. : MFA/169/2021

            UNION OF INDIA
            REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
            GUWAHATI-781011.



            VERSUS

            M/S MEGHALAYA CEMENTS LTD.
            MEGHA PLAZA, 4TH FLOOR, G.S. ROAD, GUWAHATI-781005.



Advocate for the Petitioner   : MR. B K DAS

Advocate for the Respondent : MR. K P MAHESWARI




             Linked Case : I.A.(Civil)/1662/2021

            UNION OF INDIA
            REP. BY THE GENERAL MANAGER
            N.F. RAILWAY
            MALIGAON
            GUWAHATI-781011.


             VERSUS

            M/S MEGHALAYA CEMENTS LTD.
            MEGHA PLAZA
                                                                         Page No.# 2/2

            4TH FLOOR
            G.S. ROAD
            GUWAHATI-781005.


            ------------
            Advocate for : MR. B K DAS
            Advocate for : appearing for M/S MEGHALAYA CEMENTS LTD.



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 03.01.2022

Heard Mr. H.P. Guwala, learned counsel for the applicant and Ms. C. Saha, learned counsel for the respondent.

This court by order dated 25.10.2021, the applicant was directed to deposit 30% of the awarded amount in the Registry.

Mr. Guwala submits that the under Order 27 Rule 8(a) of the Code of Civil Procedure, the Railway being the Government entity is not required to deposit anything for staying the judgment of the court below.

I have given my anxious consideration to the submission made by Mr. Guwala.

Since this court has already passed an order, at this stage, this court could not express any opinion regarding the submission of Mr. Guwala.

JUDGE

Comparing Assistant