THE FOOD CORPORATION OF INDIA AND 2 ORS v. SRI CHABIN DAS
I.A.(Civil)/1031/2022 · 2025-05-27
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9649 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9649 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010061252022
2025:GAU-AS:6835
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1031/2022 THE FOOD CORPORATION OF INDIA AND 2 ORS REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, HAVING ITS CORPORATE OFFICE AT 16/20, BARKHAMBA LANE, NEW DELHI 110001.
2: THE EXECUTIVE DIRECTOR N.E. ZONE FOOD CORPORATION OF INDIA G.S ROAD ULUBARI GUWAHATI-781007 3: THE ASSISTANT GENERAL MANAGER (C.E.) FOOD CORPORATION OF INDIA REGIONAL OFFICE G.S. ROAD PALTANBAZAR GUWAHATI-78100 VERSUS SRI CHABIN DAS S/O SRI HARGOBINDA DAS, R/O SRIMANTAPUR, BHANGAGARH, GUWAHATI-781032, DISTRICT KAMRUP(M). Advocate for the Petitioner : MR B K SINGH, Advocate for the Respondent : MR. A DHAR, MD F FARIDI
Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 28.05.2025 Heard learned counsel Mr. B. K. Singh for the applicants and learned counsel Mr. A. Dhar for the respondent. The applicant has filed this application with prayer for stay of the operation of the impugned judgment and decree dated 30.08.2019, passed by the learned Civil Judge No.2, Kamrup (M) in Title Suit No. 131/2014, decreeing the suit of the plaintiff. The learned counsel for the applicant has submitted that the applicant may be exempted from depositing any percentage of the decreetal amount as per
Order 27 Rule 8A of the CPC, whereas, on the other hand, the learned counsel for the respondent has submitted that as per Order 41 Rule 6, the applicant may be directed to deposit atleast 25% of the decreetal amount. Considering the submissions at the bar, the impugned judgment and decree dated 30.08.2019 in Title Suit No. 131/2014, is stayed till disposal of the appeal subject to the condition that a security amounting to 25% of the decreetal amount is deposited to the Registry of this Court by the applicant within 10 (ten) days from the date of this order. In terms of the above observation, the I.A. stands disposed of.
JUDGE Comparing Assistant