Page No.# 1/4 vs Dr. Prasanta Kumar Das
2024 Latest Caselaw 4899 Gua

Gauhati High Court

Page No.# 1/4 vs Dr. Prasanta Kumar Das on 17 July, 2024

                                                               Page No.# 1/4

GAHC010247282023




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

                                 Case No. :

          I.A.(Civil)/378/2024

         UNION OF INDIA AND 2 ORS
         REPRESENTED BY THE FOREIGN SECRETARY TO THE GOVT. OF INDIA
         MINISTRY OF EXTERNAL AFFAIRS
         L CENTRAL SECRETARIAT
         SOUTH BLOCK
         L NEW DELHI 110011

         2: THE SECRETARY (CPV AND O/A)
         TO THE GOVT. OF INDIA
         AS901
          MINISTRY OF EXTERNAL AFFAIRS
         L CENTRAL SECRETARIATE
          SOUTH BLOCK
          NEW DELHI 110011

          3: THE REGIONAL PASSPORT OFFICER

         RANI BAGAN
         BASISTHA ROAD
         3RD BYE LANE
         GUWAHATI 781028
         DIST KAMRUP M ASSAM
         VERSUS

         DR. PRASANTA KUMAR DAS
         S/O SRI PROBHAS CHANDRA DAS RESIDENT OF HOUSE NO. VB-26
         NEW PROFESSORS COLONY
         ASASM AGRICULTURAL UNIVERSITY CAMPUS
         PO AND DIST JORHAT
         ASSAM
         785013
                                                        Page No.# 2/4

2:PRIYANKA DUTTA
W/O DR. PRASANTA KUMAR DAS

RESIDENT OF HOUSE NO. VB-26
NEW PROFESSORS COLONY
ASASM AGRICULTURAL UNIVERSITY CAMPUS
PO AND DIST JORHAT
ASSAM
785013
------------
Advocate for : MR. S K MEDHI
Advocate for : appearing for DR. PRASANTA KUMAR DAS


IN


                             RSA/205/2023

           UNION OF INDIA
           REPRESENTED BY THE FOREIGN SECRETARY TO THE
           GOVT. OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,L
           CENTRAL SECRETARIATE, SOUTH BLOCK,L NEW DELHI
           110011

           2: THE SECRETARY (CPV AND O/A)
           TO THE GOVT. OF INDIA
           AS901
            MINISTRY OF EXTERNAL AFFAIRS
           L CENTRAL SECRETARIATE
            SOUTH BLOCK
            NEW DELHI 110011

           3: THE REGIONAL PASSPORT OFFICER

           RANI BAGAN
           BASISTHA ROAD
           3RD BYE LANE
           GUWAHATI 781028
           DIST KAMRUP M ASSA

           VERSUS

           DR. PRASANTA KUMAR DAS
           S/O SRI PROBHAS CHANDRA DAS
           RESIDENT OF HOUSE NO. VB-26, NEW PROFESSORS
           COLONY, ASASM AGRICULTURAL UNIVERSITY CAMPUS ,
                                                                      Page No.# 3/4

                      PO AND DIST JORHAT, ASSAM, 785013

                      2:PRIYANKA DUTTA
                      W/O DR. PRASANTA KUMAR DAS

                      RESIDENT OF HOUSE NO. VB-26
                      NEW PROFESSORS COLONY
                      ASASM AGRICULTURAL UNIVERSITY CAMPUS
                      PO AND DIST JORHAT
                      ASSAM
                      78501

          Advocate for the Petitioner   : MR. S K MEDHI

          Advocate for the Respondent : MR. SAILENDRA DEKA




                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

17.07.2024

1. Heard Mr. S.K. Medhi, learned counsel for the applicants/appellants. Also heard Mr. J. Das, learned for the respondents.

2. This application has been filed by the appellants/applicants for stay of impugned judgment and decree dated 10.02.2022 passed by the learned Civil Judge, Jorhat in Money Suit No. 41/2018.

3. The learned counsel for the appellants/applicants has submitted that the appellants/applicants has preferred the connected appeal which has been registered as RSA No. 205/2023 wherein, he has assailed the judgment and decree dated 07.08.2023 passed by the learned District Judge, Jorhat in Money Appeal No. 03/2022.

4. It is also submitted that by order dated 05.06.2024, passed by this Court in connected second appeal the substantial question(s) of law in the Page No.# 4/4

second appeal has been framed and the appeal has been admitted for hearing.

5. It is further submitted that the respondents have in the meanwhile, preferred an execution proceeding, which has been registered as Money Execution No. 04/2022 before the Court of learned Civil Judge, Senior Division, Jorhat.

6. Learned counsel for the opposite parties/respondents has submitted that he may be allowed to file a written objection against the prayer for stay made by the appellants/applicants. However, as the second appeal preferred by the appellants/applicants has been admitted and the substantial question(s) of law has already been framed. Hence, in the interim, i.e. on 02.08.2024 the operation of Money Execution Case No. 04/2022 before the Court of learned Civil Judge, Senior Division, Jorhat shall be stayed.

7. List this case accordingly.

JUDGE

Comparing Assistant