Page No.# 1/3 vs B Gupta (Tea) Pvt. Ltd. (Unit)
2023 Latest Caselaw 2157 Gua

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GAHC010045382023




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

                                    Case No. : RSA/44/2023

            SALEY AHMED AND ANR.
            S/O LATE ANJIR ALI,
            RESIDENT OF VILLAGE BONDUKMARA R/A PO BARHAILAKANDI, PS AND
            DIST HAILAKANDI, ASSAM

            2: MD. NASIR UDDIN

             S/O LATE ANJIR ALI

            RESIDENT OF VILLAGE BONDUKMARA R/A PO BARHAILAKANDI
            PS AND DIST HAILAKANDI
            ASSA

            VERSUS

            B GUPTA (TEA) PVT. LTD. (UNIT)
            BUNDOOKMARA TEA ESTATE, WITH THE REGISTERED OFFICE AT
            CHATTARJEE INTERNATIONAL CENTRE, 16THFLOOR, ROOM NO.. 9 33A
            CHOWRANGEE ROAD, KOLKATA 71 CARRYING ON BUSINESS INTER ALIA
            AS OWNER OF BUNDOOKMARA TEA ESTATE, PO JAFFIRBOND,
            HAILAKANDI, REPRESENTED BY THE DEPUTY MANAGER,
            BUNDOOKMARA TEA ESTATE, DIST HAILAKANDI, ASSAM 788160



Advocate for the Petitioner   : MR. I H LASKAR

Advocate for the Respondent : MR. K K DEY




             Linked Case : I.A.(Civil)/742/2023
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            SALEY AHMED AND ANR.
            S/O LATE ANJIR ALI

            RESIDENT OF VILLAGE BONDUKMARA R/A PO BARHAILAKANDI
            PS AND DIST HAILAKANDI
            ASSAM

            2: MD. NASIR UDDIN
            S/O LATE ANJIR ALI

            RESIDENT OF VILLAGE BONDUKMARA R/A PO BARHAILAKANDI
            PS AND DIST HAILAKANDI
            ASSAM
            VERSUS

            B GUPTA (TEA) PVT. LTD. (UNIT)
            BUNDOOKMARA TEA ESTATE
            WITH THE REGISTERED OFFICE AT CHATTARJEE INTERNATIONAL
            CENTRE
            16THFLOOR
            ROOM NO.. 9 33A CHOWRANGEE ROAD
            KOLKATA 71 CARRYING ON BUSINESS INTER ALIA AS OWNER OF
            BUNDOOKMARA TEA ESTATE
            PO JAFFIRBOND
            HAILAKANDI
            REPRESENTED BY THE DEPUTY MANAGER
            BUNDOOKMARA TEA ESTATE
            DIST HAILAKANDI
            ASSAM 788160


            ------------
            Advocate for : MR. I H LASKAR
            Advocate for : appearing for B GUPTA (TEA) PVT. LTD. (UNIT)



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 24.05.2022

Heard Mr. P.K. Deka, learned counsel for the applicant and Mr. K.K. Dey, learned counsel for the respondent.

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This application under Order 41 Rule 5 of the CPC is filed praying for stay of the execution of the judgment and decree dated 28.11.2022 passed by the learned District Judge, Hailakandi in T.A. No. 01/2020, whereby, the judgment passed by the learned Civil Judge, Hailakandi in T.S. No. 26/2011 dated 19.02.2020 was upheld.

Mr. Dey has objected to the prayer for stay.

I have considered the submissions made by the learned counsel for the parties.

It is provided that till disposal of the appeal, the execution of the judgment and decree dated 28.11.2022 passed by the learned District Judge, Hailakandi in T.A. No. 01/2020, whereby, the judgment passed by the learned Civil Judge, Hailakandi in T.S. No. 26/2011 dated 19.02.2020 shall remain stayed.

The interlocutory application is disposed of.

JUDGE

Comparing Assistant