SA/10/2009
2025 Latest Caselaw 3873 UK

Uttarakhand High Court

SA/10/2009 on 25 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      SA No. 10 of 2009

                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Aditya Singh, learned counsel for the appellants.

2. Mr. Ravi Bisht, learned counsel holding the brief of Mr. Ravi Babulkar, learned counsel for the respondent.

3. This is an admitted appeal, admitted on 17.04.2009 and while admitting the appeal this court already stayed the execution proceeding until further order.

4. Learned counsel for the appellants Mr. Aditya Singh submits that the Trial Court misinterpreting the order dated 17.04.2009 in view of the judgment of Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency P.Ltd. and Another vs. CBI (2018) 16 SCC 299 by observing that the stay order will only operate six months and now the execution proceeding is going on.

5. Learned counsel for the appellants Mr. Aditya Singh submits that it is completely a wrong interpretation of the Executing Court since it is an admitted appeal and furthermore the aforesaid judgment firstly is not applicable and subsequently the aforesaid judgment is now reviewed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency P. Ltd. Vs. CBI (2024) 6 SCC 307.

6. In view of the submissions of learned counsel for the appellant, this court hold that the interim order dated 17.04.2009 while admitting the appeal still hold a good

7. Learned counsel for the respondent prays for and is granted 10 days' time to file an additional affidavit.

8. List this matter after two weeks.

(Rakesh Thapliyal, J.) 25.04.2025 PR