Full Judgment
ORDER
SHEET EC NO.254 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CAB ENGINEERS PVT LTD.Versus STATE OF WEST BENGAL & ANR.
BEFORE: The Hon'ble JUSTICE PATHERYA Date : 26th September, 2013.
MR.REETOBROTO MITRA,MR.SABYASACHI SEN, ADVOCATES FOR PETITIONER MR.P.SINHA, MR.S.SEN,ADVOCATE FOR STATE The Court : The execution sought is of the award dated 31st January, 2006 as modified on 29th April, 2009.
Although the award was challenged the said application was dismissed and, therefore, an appeal was filed being F.M.A.T.No.71 of 2012.
In the said appeal an order was passed on 22nd July, 2013 directing the appellants therein being the judgment debtors herein to deposit the sum of Rs.55,96,844/- with the Registrar General of this Court within four weeks.
Unconditional stay was granted of the award and the execution proceedings for the period mentioned above and the stay would continue in the event deposit was made within the stipulated time.
In default the application would stand dismissed and there would be no order of stay.
As no amount was deposited and no stay of the award or execution proceedings steps were taken by the decree holder to proceed in execution.
Orders were passed on 10th September, 2013 and 19th September, 2013.
At the hearing on 19th September, 2013 it was submitted by counsel for the judgment debtors that not only the sum as directed by the order dated 10th September, 2013 had been kept apart but pursuant to the orders of the appeal court sums had also been deposited with the Registrar General of this Court.
An application had also been filed for extension of time to deposit the sum mentioned in the order dated 22nd July, 2013.
By order dated 19th September, 2013, the delay in depositing the amount, as directed by order dated 22nd July, 2013, was condoned.
Therefore, this will in effect amount to continuation of the order of stay as mentioned in the order of the appeal court dated 22nd July, 2013.
Counsel for the decree holder submits that in the application filed before the appeal court stay of execution proceedings was sought and in spite of deposit made the stay has not been extended.
Therefore, there is no reason for staying the execution proceedings and the sums which have been kept apart be earmarked to the interest which sum is due and payable by the judgment debtors to the decree holder.
From a reading of F.M.A.No.2795 of 2013 it appears that an extension was sought for depositing the sums mentioned in the order dated 22nd July, 2013.
It is only in the meantime i.e.till disposal that an order of stay of the award and execution proceedings was sought.
As the said application has been disposed of and the time extended, the question of grant of any prayers in the interregnum period does not arise.
Accordingly, in view of compliance of the condition of deposit mentioned in the order dated 22nd July, 2013, the stay has become operative and the award and execution proceedings stand stayed.
Accordingly, the orders passed in the execution application are vacated with liberty to the decree holder to seek the self-same reliefs after the disposal of the appeal.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) sb.