M/s Nandlal and Company and others - Respondents
Constitution of India, 1950, Article 136 - Pendency of appeal before Apex Court - Withdrawal of decretal amount - Ambit and scope - Order passed by High Court modified to the extent that on the deposit of Rs. 7 lacs by the appellant, it would be open to the respondent to withdraw the same after furnishing the bank guarantee - Time to deposit said amount extended - In respect of remaining amount, appellant shall furnish bank guarantee - Also he should file an undertaking before the High Court that if its appeal is dismissed it would deposit the remaining amount with 12% interest without asking for any further stay. [Para 3]ORDER
M.B. Shah, J. - Mr. Akhilesh Kumar Pandey, Advocate appears on behalf of the respondents and states that vakalatnama/ appearance will be filed during the course of the day. Heard learned counsel for the parties. 2. Leave granted. 3. Considering the facts and circumstances the impugned order passed by the High Court is modified to the extent that on the deposit Rs. 7 lacs by the appellant, it would be open to the respondent to withdraw the same after furnishing the bank guarantee. The time to deposit Rs. 7 lacs is extended upto 31st March, 2001. With regard to the remaining amount of Rs. 18 lacs, the appellant shall furnish bank guarantee and would also file an undertaking before the High Court that if its appeal is dismissed it would deposit the remaining amount with 12% interest without asking for any further stay order within two months from the date of the decree. The undertaking is to be filed before the High Court within three weeks from today. Impugned order passed by the High Court is modified to the aforesaid extent. 4. The appeal is disposed of accordingly with no order as to costs. .