Superinteding Engineer vs Gopal Modi Contractor S/O Phool ...
2021 Latest Caselaw 7559 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 779/2018

       Superintending        Engineer,        Public      Health   Engineering
       Department & Anr.
                                                   ----Appellants/defendants
                                   Versus
       Gopal Modi & Anr.
                                                        Respondents/Plaintiffs

For Appellant(s) : Mr. Imran Khan, Additional Government Counsel For Respondent(s) : Mr. Bipin Gupta, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

13/12/2021

Matter comes up an application (I.A. No.1/2021) filed

under Section 151 CPC seeking extension of time for compliance

of the orders dated 06.10.2018 and 11.03.2019 passed by the Co-

ordinate Bench of this Court.

Learned counsel for the appellants submits that the

appellants filed the aforesaid first appeal against the judgment

and decree dated 05.08.2017 passed by the trial Court. He further

submits that Co-ordinate Bench of this Court vide order dated

06.10.2018 admitted the appeal and stayed operation of the

impugned judgment and decree dated 05.08.2017 till final

disposal of the appeal on the condition that the appellants shall

deposit entire decreetal amount along with interest in the trial

Court within a period of one month. However, it was also directed

that disbursement of the aforesaid deposit amount shall not be

made without order of the Court. He further submits that after

(2 of 4) [CFA-779/2018]

obtaining certified copy of the order dated 06.10.2018, the matter

was processed at different levels, but due to Dussehra vacations

and declaration of general elections of Rajasthan Legislative

Assembly, the matter could not be further processed as the

officers and staff members were engaged in election process. On

that count, a misc. application came to be filed seeking extension

of time, which was allowed vide order dated 11.03.2019 passed

by the Co-ordinate Bench of this Court and one month's further

time was granted to the appellants to deposit the decreetal

amount and rest part of the order dated 06.10.2018 was directed

to be maintained. He further submits that in compliance of the

order dated 11.03.2019 passed by the Co-ordinate Bench of this

Court, the financial proposals were prepared by the Office of

Executive Engineer, PHED Division Bari, District Dholpur and the

same were forwarded to the Chief Engineer (Admn.) PHED

Rajasthan, Jaipur for necessary sanction. A reminder was also

issued on 11.03.2020. Thereafter, due to lockdown on account of

COVID-19 Pandemic, the matter could not be processed further.

After relaxation in the lockdown, a letter dated 01.07.2020 was

written to the Chief Engineer (Admn.) PHED, Rajasthan, Jaipur for

issuing necessary sanction. However, again due to COVID-19

pandemic, the matter remained pending as various staff members

had become corona positive. He further submits that after some

decrease in the corona cases from the last week of May, 2021, the

matter was again persuaded and letters dated 28.05.2021 and

04.06.2021 were sent and thereafter necessary financial sanction

was issued by the Finance Department on 02.07.2021 and after

completing the necessary formalities and due procedure, Demand

Draft of Rs.7,21,568/- was got prepared from the State Bank of

(3 of 4) [CFA-779/2018]

India Branch Badi on 22.09.2021. Thereafter, the appellants filed

an application in Execution Case No.104/2018 for depositing the

Demand Draft of Rs.7,21,568/- mentioning the detailed reasons

for delay in depositing the said amount, but the learned Court

below vide its order dated 29.9.2021 declined to deposit the

demand draft on the ground that the amount was to be deposited

within one month from the date of order dated 11.03.2019.

He further submits that the delay caused in issuing

necessary sanction from the competent authority and preparing

Demand Draft for depositing the same with the learned trial Court

was due to peculiar circumstances, as mentioned hereinabove.

Under such circumstances, the time granted by the Co-ordinate

Bench of this Court vide order dated 06.10.2018 and 11.03.2019

for depositing entire decreetal amount along with interest may be

extended and the learned Court below may be directed to accept

the Demand Draft of Rs.7,21,568/- dated 22.09.2021.

Learned counsel for the respondent-plaintiff has no

objection in condoning the delay in depositing the Demand Draft

pursuant to the orders dated 06.10.2018 and 11.03.2019 passed

by the Co-ordinate Bench of this Court. However, he prays that on

deposition of the said amount, same be disbursed to the

respondent-plaintiff.

Taking into consideration the facts and circumstances of

the case and more particularly in view of the reasons given in the

application, the application is allowed, delay in depositing the

Demand Draft is condoned and time granted by the Co-ordinate

Bench of Court vide its order dated 06.10.2018 and 11.03.2019

for depositing the decretal amount alongwith interest is extended

till deposition of the aforesaid Demand Draft. Leaned trial Court is

(4 of 4) [CFA-779/2018]

directed to accept the aforesaid Demand Draft dated 22.9.2021

amounting to Rs.7,21,568/-.

However, on such deposit being made, the respondent-

plaintiff shall be at liberty to move an application before the trial

court for disbursement of the said amount. In the event such an

application being filed by the respondent-plaintiff, the aforesaid

amount be disbursed in his favour, provided he furnishes a solvent

security and an undertaking on oath to the effect that if the

appellants ultimately succeed in the appeal, the said amount shall

be refunded by him with interest @ 12% per annuam from the

date of withdrawal till refund.

(PRAKASH GUPTA),J

KuD/44

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