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1995 INSC 505
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Citation Codes
Neutral Citations
1995 INSC 505
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Smart Summary

Factual and Procedural Background

This order concerns appeals arising out of Special Leave Petitions (SLPs) Nos. 3672, 3753, and 3750 of 1995. Leave was granted. Although respondents were served, they did not appear (in person or through counsel) in the appeals arising out of SLPs Nos. 3672 and 3753 of 1995. Counsel appeared for respondent Banwari Lal in the appeal arising out of SLP No. 3750 of 1995. The court heard counsel on both sides and passed directions regarding deposit and withdrawal of a portion of the amount awarded by the reference court, pending the outcome of appeals stated to be pending in the High Court.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

After noting service on the respondents and the non-appearance in certain appeals, the court recorded that it heard counsel on both sides (with appearance for one respondent in one appeal). Based on the “facts and circumstances” and considering that “the interests of justice will be served,” the court fashioned an interim arrangement: the appellant was directed to deposit 50% of the amount awarded by the reference court within two months. The court further balanced interests by allowing respondents to withdraw half of the deposited amount without security and the remaining half upon furnishing security to the satisfaction of the reference court. The court made these directions expressly subject to the result of the appeals stated to be pending in the High Court, and provided that failure to deposit would result in automatic vacation of the stay.

Holding and Implications

INTERIM DIRECTIONS ISSUED / CONDITIONAL STAY: The appellant was directed to deposit 50% of the amount awarded by the reference court within two months; respondents were permitted to withdraw half without security and the balance upon furnishing security to the reference court’s satisfaction; the arrangement was made subject to the outcome of pending High Court appeals; and in default of deposit, the stay would stand vacated. No costs were awarded.

The direct consequence is that payment security was partially ensured for respondents during pendency of related High Court appeals, while protecting the appellant through a security requirement for part of the withdrawal and by keeping the deposit/withdrawal subject to the High Court’s final result. The order does not indicate any broader legal implications or creation of new precedent.

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    State Of U.P v. Ratan Lal And Others

    Order

    1. Leave granted.

    2. Though the respondents have been served, they did not appear in appeals arising out of SLPs Nos. 3672 and 3753 of 1995 either in person or through counsel. Mr Ranbir Yadav is appearing for respondent, Banwari Lal in appeal arising out of SLP No. 3750 of 1995. We have heard the counsel on both sides. On the facts and circumstances, we think that the interests of justice will be served and we so direct the appellant to deposit 50% of the amount awarded by the reference court within a period of two months from today. On the deposit so made, the respondents will be at liberty to withdraw half the amount without security and the balance half on furnishing the security to the satisfaction of the reference court. The deposits and withdrawal will be subject to the result in the appeals now pending in the High Court. In default of the deposit as stated above, the stay shall stand vacated. No costs.

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    State Of U.P v. Ratan Lal And Others
    (Aug 28, 1995)