Food Corporation Of India vs Smti Ratul Nath And Anr
2025 Latest Caselaw 1519 Gua

Gauhati High Court

Food Corporation Of India vs Smti Ratul Nath And Anr on 28 July, 2025

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GAHC010111202025




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

                        Case No. : I.A.(Civil)/2307/2025

         FOOD CORPORATION OF INDIA
         REPRESENTED BY THE GENERAL MANAGER (REGION)
         ASSAM
         REGIONAL OFFICE
         PALTAN BAZAAR
         GUWAHATI


          VERSUS

         SMTI RATUL NATH AND ANR
         S/O BHUBAN CH. NATH
         VILL. CHANGSARI
         MOUZA SILASINDURI GHOPA
         REVENUE CIRCLE NORTH GUWAHATI
         DIST. KAMRUP
         ASSAM.

         2:THE COLLECTOR CUM DEPUTY COMMISSIONER

         KAMRUP
         AMINGAON
         GUWAHATI
         ASSAM.
         ------------
         Advocate for : MR. P K ROY
         Advocate for : GA
         ASSAM appearing for SMTI RATUL NATH AND ANR
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 28.07.2025

Heard Mr. P.K. Roy, learned Senior Counsel, assisted by Ms. A. Chakraborty, learned counsel for the applicant. Also heard Mr. K. Bhattacharyya, learned Government Advocate for the opposite party No. 2.

2. This application, under Order 41 Rule 5(1) of the CPC, is preferred by the applicant for staying execution of the judgment and decree dated 21.02.2025, passed by the learned District Judge, Kamrup, Amingaon, in Reference Case No. 30/2014.

3. Mr. Roy, learned Senior Counsel for the applicant submits that the applicant has already preferred one appeal, being LA.App. No. 5/2025 and the same has already been admitted by this Court, and notice has also been issued and record has already been called for, and as such, there is a requirement for staying execution of the impugned judgment and decree dated 21.02.2025, till disposal of the connected appeal.

4. Perused the application and the documents placed on record, and also perused the impugned judgment and decree dated 21.02.2025.

5. Let notice be issued to the opposite parties, returnable in four weeks.

6. As Mr. Bhattacharyya, learned Government Advocate appears and accepts notice on behalf of the opposite party No. 2, no formal notice is required to be issued to the said opposite party. However, extra copies of the application be furnished to him during the course of the day.

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7. Steps be taken upon the opposite party No. 1 by way of registered post with A/D as well as by usual process within a week from today.

8. Considering the submission of learned counsel for both the parties, it is provided that status quo be maintained as on today, till returnable date.

9. List the matter after four weeks.

JUDGE

Comparing Assistant