SPA/383/2021
2021 Latest Caselaw 4620 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                            AND
         THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


               SPECIAL APPEAL No. 383 OF 2021


                        17TH NOVEMBER, 2021


  Between:

  M/S Jai Bhawani Stone Crusher.
                                                                 ...Appellant

  and


  State of Uttarakhand and others.


                                                            ...Respondents

  Counsel for the petitioner.          :   Mr. Rakesh Thapliyal, the learned
                                           Senior Counsel assisted by Mr. Pankaj
                                           Chaturvedi, the learned counsel.

  Counsel for the respondent nos. 1,   :   Mr. S.S. Chaudhary, the learned Brief
  3 and 4.                                 Holder for the State of Uttarakhand.

  Counsel for the respondent no. 2.    :   Mr. Alok Kumar, the learned counsel
                                           holding brief of Mr. Sandeep Kothari,
                                           the learned counsel.



  The Court made the following:


  JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)


                The appellant has challenged the legality of

  the order dated 25.10.2021, passed by a learned Single

  Judge in Writ Petition (M/S) No. 2174 of 2021, whereby

  the learned Single Judge has passed a conditional stay
 order while imposing a condition that in case the

appellant were to deposit a sum of Rupees One Crore

with the Registry of this Court within two weeks from

the date of the order, the recovery pursuant to the

order dated 28.09.2021 shall remain stayed.



2.        Mr. Rakesh Thapliyal, the learned Senior

Counsel for the appellant, submits that the appellant is,

indeed, willing to deposit the said amount, but only

through a bank guarantee. For, the appellant does not

have such a large sum of Rupees One Crore available

with him. However, the appellant is willing to deposit

the said amount through a bank guarantee. Moreover,

since three weeks' time would be required to submit

the bank guarantee, the learned Senior Counsel prays

that the two weeks' time granted by the learned Single

Judge should be extended, and three weeks' time

should be granted by this Court for the appellant to

submit the bank guarantee.



3.        Therefore, this Court modifies the order

dated 25.10.2021, and directs the appellant to deposit

a sum of Rupees One Crore through a bank guarantee

within a period of three weeks from today. If the said


                           2
 bank    guarantee   is,   indeed,   submitted   before   the

Registry of this Court within the stipulated period, then

the operation of the impugned order dated 28.09.2021

shall remain stayed during the pendency of the Writ

Petition.



4.          With these modifications, this Special Appeal

stands disposed of.



5.          No order as to costs.




                 _____________________________
                 RAGHVENDRA SINGH CHAUHAN, C.J.



                                  ___________________
                                  ALOK KUMAR VERMA, J.

Dt: 17th November, 2021 Rahul