K SAROJA NAKSHATRI Vs. SADASUKH KABRA AND COMPANY

JUDGEMENT

(1.) THE Court.?THE instant application has been made by the judgment debtor under Order 41, Rule 6(1) of the Code of Civil Procedure. Order 41 Rule 6 provides as hereunder :-

(2.) DURING the pendency of the appeal aforesaid as preferred by the judgment debtor, the decree holder on or about 11th August, 1993 applied for execution of the said decree and from time to time various orders were passed is the said execution proceeding. The Executing Court being the Interlocutory Bench of this Court, which takes execution applications appointed a Receiver over the membership card of the judgment debtor of the Calcutta Stock Exchange with a direction upon the Receiver to sell the same and also for withdrawing the security deposit of the judgment debtor lying with the Calcutta Stock Exchange. From the order made in execution an appeal was preferred by the judgment debtor on 2nd September 1993 and as already stated above the petitioner during the pendency of the said appeal and pursuant to order dated 2nd September 1993 passed by the Hon'ble Appeal Court, paid a sum of Rs. 200,000/- to the decree holder without prejudice to the rights and contentions of the parties. I understand that the temporary stay granted by the Appeal Court in the appeal from the order made in execution stood vacated but the application for stay as also the appeal from the order made in execution is still pending before the Hon'ble Appeal Court.

(3.) HE also relied on the judgment reported in AIR 1940 Calcutta 582 (Dhirendra Nath Roy v. Sailaj Kumar Base) where a Division Bench of this Court held as follows :