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STATE OF UTTARAKHAND v. M/S BANSAL CONSTRUCTION

Supreme Court of India | Diary 10060/2015

Status

ROP - of Main Case

Decided On

13-05-2015

Bench

Petitioner

STATE OF UTTARAKHAND

Respondent

M/S BANSAL CONSTRUCTION

Primary Holding

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4401-4402 OF 2015 (Arising out of SLP (C) Nos.13006-13007 of 2015) State of Uttarakhand … Appellant Versus M/s. Bansal Construction … Respondent O R D E R Leave granted. Heard Ms. Rachana Srivastava, learned counsel for the appellant and Mr. S.B. Upadhyay, learned senior counsel for the respondent, who has entered caveat. Regard being had to the facts and circumstances of the case, it is directed that the amount that was directed by the High Court shall be deposited before the Registry of the High Court by 15.06.2015 positively. After the said amount is deposited, the appeal shall be taken up for hearing and the High Court is requested to dispose of the appeal by the end of October 2015. Be it clarified, we have only extended the time for deposit. If there have been any other terms and conditions imposed by the High Court, the same shall be religiously followed. Needless to emphasise, if the amount is not deposited within the time frame,

2 the order of disposal by the High Court shall stand confirmed and the present order passed by us shall not be given effect to. The appeals are accordingly allowed. There shall be no order as to costs. .....................,J. (Dipak Misra) .....................,J. (Prafulla C. Pant) New Delhi; May 13, 2015.

ITEM NO.6 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13006-13007/2015 (Arising out of impugned final judgment and order dated 24/02/2015 in MCC No. 99/2015,15/01/2015 in AO No. 552/2014 passed by the High Court of Uttarakhand at Nainital) STATE OF UTTARAKHAND Petitioner(s) VERSUS M/S BANSAL CONSTRUCTION Respondent(s) (with interim relief and office report) Date : 13/05/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Ms. Rachana Srivastava, AOR Mr. Utkarsh Sharma, Adv. Ms. Kanika Singh, Adv. For Respondent(s) Mr. S.B. Upadhyay, Sr. Adv. Mr. Sanjay Kumar Tyagi, AOR Ms. Mrinmay Bhattmewara, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed order. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master (Signed order is placed on the file)

F IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4401-4402 OF 2015 (Arising out of SLP (C) Nos.13006-13007 of 2015) State of Uttarakhand ... Appellant Versus M/s. Bansal Construction ... Respondent O R D E R Leave granted. Heard Ms. Rachana Srivastava, learned counsel for the appellant and Mr. S.B. Upadhyay, learned senior counsel for the respondent, who has entered caveat. Regard being had to the facts and circumstances of the case, it is directed that the amount that was directed by the High Court shall be deposited before the Registry of the High Court by 15.06.2015 positively. After the said amount is deposited, the appeal shall be taken up for hearing and the High Court is requested to dispose of the appeal by the end of October 2015. Be it clarified, we have only extended the time for deposit.Signature Not Verified If there have been any other terms and conditions imposed by theDigitally signed byGulshan Kumar AroraDate: 2015.05.1516:59:52 IST High Court, the same shall be religiously followed.Reason: Needless to emphasise, if the amount is not deposited within the time frame, 2the order of disposal by the High Court shall stand confirmed andthe present order passed by us shall not be given effect to.

The appeals are accordingly allowed. There shall be no orderas to costs. .....................,J. (Dipak Misra) .....................,J. (Prafulla C. Pant)New Delhi;May 13, 2015.ITEM NO.6 COURT NO.5 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).13006-13007/2015(Arising out of impugned final judgment and order dated 24/02/2015in MCC No. 99/2015,15/01/2015 in AO No. 552/2014 passed by theHigh Court of Uttarakhand at Nainital)STATE OF UTTARAKHAND Petitioner(s) VERSUSM/S BANSAL CONSTRUCTION Respondent(s)(with interim relief and office report)Date : 13/05/2015 These petitions were called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Petitioner(s) Ms. Rachana Srivastava, AOR Mr. Utkarsh Sharma, Adv. Ms. Kanika Singh, Adv.For Respondent(s) Mr. S.B. Upadhyay, Sr. Adv. Mr. Sanjay Kumar Tyagi, AOR Ms. Mrinmay Bhattmewara, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed order. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master (Signed order is placed on the file)

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