UNJON OF INDIA, THROUGH CHJEF OF REVENUE,
A
CENTRAL COALFIELDS LTD., RANCHI
v.
JANK! MAHTO AND ORS.
APRIL 2, 1996
jK. RAMASWAMY AND G.B. PATTANAIK, .JJ.]
Inte!im Stay-High Cowt-Appea/ against award-Held, High Cowt
should have granted inteiim stay of execution of the award-There shall be
stay pending appeal.
B
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6980-7017
of 1996.
From the Judgment and Order dated 25.11.93 of the Bihar· High
Court in Misc. A. Nos. 495, 482, 470-71, 475, 493, 472, 479, 490, 485, 476,
~~~~~m,~~~~~~~i.m~~D
480, 477, 491, 497, 502, 498, 505, 499, 503, 500 and 501 of 1993.
Sanjay Khaitan for 0.P. Khaitan & Co. for the Appellant.
The following Order of the Court was delivered :
Leave granted.
Notice issued is sufficient service in respect of respondent Nos. 1, 6,
8-11, 14, 16, 18, 20-24, 28, 31, 34, 36-39, 41-45, 48-98, 100-109, 111
and-113. Notices sent with Acknowledgments Due have not been received
back. They must be deemed to have been served. Notice on respondent
Nos. 12, 13, 17, 33 and 47 have been received back without any date.
E
Thercfurl:, notice LHl then1 n1ust be tjccn1c<l lo have been served.
F
The only question is : whether the High Court was justified in
granting the interim directions as prayed for. Jn view of the circun1stance
of the case, we think that the High Courl would have granted interim stay
of the execution of the award which is the subject matter of the appeals in
the High Court.
G
The appeals are accordingly allowed. There shall be stay pending
appeal, as prayed for. The High Court is requested lo dis pose of the
appeals as expeditiously as possible. No costs.
Appeals allowed. H
1091
Lex