FA/33/2023
2023 Latest Caselaw 3327 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  FA No.33 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Present Mr. V.K. Kaparuwan, counsel for the appellant.

2. Present Ms. Rajni Supiyal, Brief Holder for the State.

3. Present Mr. Tarun Lakhera, counsel for respondent no.1.

4. Urgency Application IA No.4 of 2023 has been moved by the appellant/applicant on the ground that the private respondents have already filed the execution case and the next date fixed is 07.11.2023 and the appellant has been orally directed to deposit the decretal amount prior to the next date.

5. Learned counsel would press for interim relief and would submit that the appellant/applicant is ready to deposit the entire decretal amount before the court below.

6. In the above circumstances, the effect and operation of the impugned judgment and order dated 08.12.2017 and 17.01.2022 passed by the Additional District Judge IIIrd, Dehradun in L.A. Case No.29 of 2004, "Messrs Kherapati Vanijya Ltd. Vs. Collector Dehradun & Ors" shall remain stayed till the next date of listing, provided the appellant deposits the entire decretal amount before the Trial Court/Reference Court within three weeks from today.

7. The amount so ordered to be deposited shall not be released without express leave of the Court.

It is also directed that as and when the decretal amount is deposited by the appellant, the Trial Court shall deposit the respective share of the respondent(s) in a fixed deposit interest earning scheme to get the maximum rate of interest.

8. List on the date fixed i.e. on 12.03.2024 for hearing on the delay condonation application.

9. Urgency application (IA No.4 of 2023) stands disposed of.

(Vivek Bharti Sharma, J.) 02.11.2023 BS