Allowed

M/S Durian Industries Ltd. v. Col. Padmalochan Barman and Anr.

Gauhati HC22 Nov 2019I.A.(Civil)/3611/2019

Case brief

AI extract

What is this about?

In an application for stay of execution of a money judgment, the Gauhati High Court granted a stay conditioned upon the petitioner depositing 40% of the decretal amount in the court registry. The order will be vacated on failure to comply.

What did the court decide?

Stay of execution of the judgment and decree dated 03.07.2019 granted subject to deposit of 40% of the decretal amount within 3 weeks.

M/S Durian Industries Ltd. Vs Col. Padmalochan… — Execution and Attachment | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010250992019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 3611/2019

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1:M/S DURIAN INDUSTRIES LTD.

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A COMPANY REGISTERED UNDER THE PROVISIONS COMPANIES ACT 1956) HAVING REGISTERED OFFICE NOW AT 401 THE SUMMIT HANUMAN ROAD WESTERN EXPRESS HIGHWAY VILE PARLE (E) MUMBAI-400056

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VERSUS

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1:COL. PADMALOCHAN BARMAN AND ANR S/O SRI SAMIN CHANDRA BARMAN R/O HOUSE NO.12 MANGO LANE PANJABARI BUS STAND POST PANJABARI GUWAHATI-781037

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2:MRS. DYUTI RANI DELEY BARMAN W/O COL. PADMALOCHAN BARMAN R/O HOUSE NO.12 MANGO LANE PANJABARI BUS STAND POST PANJABARI GUWAHATI-781037

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Advocate for the Petitioner : MR. N DEKA Advocate for the Respondent : MRS. N RAHMAN

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Linked Case : RFA 116/2019

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1:M/S DURIAN INDUSTRIES LTD.

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A COMPANY REGISTERED UNDER THE PROVISIONS COMPANIES ACT,1956) HAVING REGISTERED OFFICE NOW AT 401, THE SUMMIT, HANUMAN ROAD WESTERN EXPRESS HIGHWAY,VILE PARLE (E) MUMBAI-400056

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Page No.# 2/2

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VERSUS

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1:COL. PADMALOCHAN BARMAN AND ANR S/O SRI SAMIN CHANDRA BARMAN, R/O HOUSE NO.12, MANGO LANE, PANJABARI BUS STAND POST PANJABARI, GUWAHATI-781037

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2:MRS. DYUTI RANI DELEY BARMAN W/O COL. PADMALOCHAN BARMAN R/O HOUSE NO.12 MANGO LANE PANJABARI BUS STAND POST PANJABARI GUWAHATI-78103

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Advocate for the Petitioner : MR. N DEKA Advocate for the Respondent : MRS. N RAHMAN

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:: BEFORE ::

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HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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22.11.2019

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Heard Mr. N Deka, learned counsel for the petitioner and Mr. P Khataniar, learned Senior Counsel assisted by Mrs. N Rahman, learned counsel for the respondents.

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This is an application under Order XLI Rule 5 of the CPC for stay of the execution of the judgment and decree dated 03.07.2019 passed by the court of learned Civil Judge No. 2, Kamrup (M) at Guwahati in Money Suit No. 9/2015.

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The stay is accordingly granted subject to payment of 40% of the decreetal amount in the Registry of this court within a period of 3 weeks from today. The stay order shall stand vacated on failure to deposit the said amount. Accordingly, this interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

M/S Durian Industries Ltd. v. Col. Padmalochan Barman and Anr.

Case brief

What is this about?

What did the court decide?

M/S Durian Industries Ltd. v. Col. Padmalochan Barman and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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