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THE EXECUTIVE ENGINEER v. RANJANA JIVAN JAHAGIRDAR

Supreme Court of India | Diary 102/2021

Status

ROP - of Main Case

Decided On

25-01-2021

Bench

HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR and HON'BLE MR. JUSTICE AJAY RASTOGI

Petitioner

THE EXECUTIVE ENGINEER

Respondent

RANJANA JIVAN JAHAGIRDAR

casestatus.in Summary

When a higher court grants a stay subject to deposit of the full decretal amount, an appellate court exercising supervisory jurisdiction may modify the quantum of deposit to a lesser percentage — here reduced to 25% — while preserving the respondent's liberty to seek appropriate relief regarding release of the deposited amount before the original forum. This analysis is brought to you by casestatus.in, tracking procedural developments in Indian civil litigation.

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Full Judgment Text

1 ITEM NO.28 Court 9 (Video Conferencing) SECTION IX 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). 131/2021 (Arising out of impugned final judgment and order dated 10-12-2020 in CA No. 3210/2020 passed by the High Court Of Judicature At Bombay At Aurangabad) THE EXECUTIVE ENGINEER & ANR. Petitioner(s) VERSUS RANJANA JIVAN JAHAGIRDAR & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.1220/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1223/2021-EXEMPTION FROM FILING AFFIDAVIT ) Date : 25-01-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Shyam Divan, Sr. Adv. Mr. Sandeep Sudhakar Deshmukh, AOR For Respondent(s) Mr. K. Parameshwar, Adv. Mr. Kailas Bajirao Autade, AOR Mr. M.V. Mukunda, Adv. A. Sregurupriya, Adv. Ms. Sheetal Patil, Adv. Mr. Prashant Shantaram Chaudhari, Adv. UPON hearing the counsel the Court made the following O R D E R The High Court has ordered stay subject to deposit of 100% of the amount. However, there is no order for release of the same. After hearing both the parties, we pass the following order : Instead of 100% deposit, the deposit is reduced to 25%. It is open for the respondent to approach the High Court for

2 appropriate relief relating to release of the 25% amount deposited by the petitioner. If such a prayer is made by the respondent, it is open for the High Court to decide the same at an early date on its own merits and impose such conditions as the High court may deem fit. The special leave petition is, accordingly, disposed of. Pending applications, if any, stand disposed of accordingly. (GULSHAN KUMAR ARORA) (R.S. NARAYANAN) AR-CUM-PS COURT MASTER

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