JAI BHAWANI STONE CRUSHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant has challenged the legality of the order dtd. 25/10/2021, passed by a learned Single Judge in Writ Petition (M/S) No. 2174 of 2021, whereby the learned Single Judge has passed a conditional stay order while imposing a condition that in case the appellant were to deposit a sum of Rupees One Crore with the Registry of this Court within two weeks from the date of the order, the recovery pursuant to the order dtd. 28/9/2021 shall remain stayed.

(2.) Mr. Rakesh Thapliyal, the learned Senior Counsel for the appellant, submits that the appellant is, indeed, willing to deposit the said amount, but only through a bank guarantee. For, the appellant does not have such a large sum of Rupees One Crore available with him. However, the appellant is willing to deposit the said amount through a bank guarantee. Moreover, since three weeks' time would be required to submit the bank guarantee, the learned Senior Counsel prays that the two weeks' time granted by the learned Single Judge should be extended, and three weeks' time should be granted by this Court for the appellant to submit the bank guarantee.

(3.) Therefore, this Court modifies the order dtd. 25/10/2021, and directs the appellant to deposit a sum of Rupees One Crore through a bank guarantee within a period of three weeks from today. If the said bank guarantee is, indeed, submitted before the Registry of this Court within the stipulated period, then the operation of the impugned order dtd. 28/9/2021 shall remain stayed during the pendency of the Writ Petition.