IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.12 of 2004
STATE OF BIHAR & ORS
Versus
RAM CHANDRA SINGH
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24. 15.11.2010 Heard the learned counsel appearing on
behalf of the respondent and learned counsel
appearing on behalf of the appellant on the
Interlocutory Application No. 4186 of 2010.
(2) The learned counsel appearing on
behalf of the respondent submitted that by terms of
order dated 05.02.2008, the appellant was directed
to deposit the decreetal amount in the Lower Court
within four months from the date of receipt of the
order. Out of the said amount deposited, the
plaintiff-respondent was permitted to withdraw 50%
after furnishing security bond. According to the
learned counsel, the appellant has not deposited the
entire decreetal amount and therefore, violated the
order dated 05.02.2008 passed by this Court.
Therefore, he prayed that the appellant may be
directed to deposit entire decreetal amount and the
respondent may be permitted to withdraw the said
amount.
(3) The learned counsel appearing on
2
behalf of the appellant submitted that the appellant
must have deposited the entire decreetal amount
before the Court below.
(4) From perusal of the said order, it
appears that while passing the above order, this
Court observed that if the State fails to deposit the
amount within the above period, the Executing Court
again pass necessary order for the execution of the
decree. If the submission of the learned counsel for
the respondent is correct, then he may move the
Executing Court to proceed ahead in the Execution
Case in terms of the order dated 05.02.2008,
because consequence for non-compliance has been
mentioned in the order.
(5) Accordingly, this Interlocutory
Application No. 4186 of 2010 is disposed of.
( Mungeshwar Sahoo, J.)
Saurabh