The State of Assam and 3 Ors v. M/S M.K Agarwala

ORDER Date : 20.03.2024

¶1This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and decree dated 02.03.2023 passed in Money Suit No.135/2017 by the Court of the learned Civil Judge No.2 Kamrup

(M) at Guwahati.

¶2This Court had duly taken note of the written statement filed by the Appellants who were the Defendants in the suit wherein it has been duly mentioned that the plaintiff was entitled to an amount of Rs.23,24,693/-. Further to that, it is also seen from the decree so passed that the learned Trial Court held that the plaintiff would be entitled to an amount of Rs.29,27,000/- against the executed and measured works, Rs. 6,00,000/- against the work but not measured and Rs.4,11,205/- against the security deposit. It has also been decreed that the plaintiff would be entitled to interest @ 8% per annum on the amount receivable from 12.07.2010 till the date of realization.

¶3Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Appellants submitted that an execution proceedings have been initiated being Money Execution Case No.17/2023 claiming an amount of Rs.1,07,16,865.49p. He therefore submitted that the execution proceedings be stayed pending disposal of the appeal.

¶4After hearing both the parties, this Court is of the opinion that as the appeal has been admitted, the applicants/appellants are entitled to some Page No.# 3/3 protection taking into account the huge amount of money which the appellants would have to pay if the Money Execution Case No.17/2023 is permitted to proceed pending disposal of the appeal.

¶5Accordingly, this Court directs the Applicants/Appellants to deposit the principal amount as stated in the decree i.e Rs.29,27,000/- + Rs.6,00,000/- + Rs.4,11,205/- totaling to Rs.39,38,205/- before the Registry of this Court on or before 20.05.2024. It is made clear that if the said amount is not deposited, the said execution proceedings can proceed.

¶6Apart from that, this Court grants the liberty to the Appellants to file appropriate application before the Registry of this Court for release of the said amount. The Registry may permit such release of the amount subject to furnishing an indemnity bond and after due verification.

¶7With above observations and directions, the instant application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010123712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/868/2024 THEoSTATEoOFoASSAMoANDo3oORS REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATIo-o6. 2:oTHEoCOMMISSIONERoANDoSECRETARY PUBLICoWORKSoDEPARTMENT oGOVT.oOFoASSAM oSECRETARIAT oDISPUR oGUWAHATIo06 o3:oTHEoPUBLICoWORKSoDEPARTMENT REPRESENTEDoBYoTHEoCHIEFoENGINEER oPWD(ROADS)oCHANDMARI oGUWAHATIo03 o4:oTHEoEXECUTIVEoENGINEER PWD(ROADS)oKARIMGANJoRURALoROADSoDIVISION oKARIMGANJ oASSAM oVERSUS M/SoM.KoAGARWALA AoPROPRIETORSHIPoFIRMoOFoSRIoMANOJoKUMARoAGARWALA.oHAVINGoITSo PLACEoOFoBUSINESSoAToNEHAoAPARTMENT oSATIoJAYMOTIoROAD oATHGAON oGUWAHATIo01 For;the;Applicant(s);;;;;;;;;;;;;;;;;;:;Mr.;D.;Nath,;Sr.;Government;Advocate; ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo For;the;Respondent(s);;;;;;;;;;;;;;:;Mr.;S.;Saha,;Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH