UNION OF INDIA Vs. AMITAVA PAUL

JUDGEMENT

(1.) This is an application for stay of operation of the award passed by the competent authority under Sec. 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (herein referred to as the Act) which is the subject matter of the present appeal filed under Sec. 11 thereof by the Union of India represented by Defence Estate Officer, Calcutta, Circle-XIII being aggrieved by the said award.

(2.) In course of hearing of this application, Mr. Roy Chowdhury, the learned advocate appearing on behalf of the appellant has raised a pure question of law.

(3.) According to Mr. Roy Chowdhury, the appellant herein being a "Government" within the meaning of Order 27 Rule 8(A) of the Civil Procedure Code, can, as a matter of right, claim stay of the operation of the award impugned without depositing in the appellate Court the amount awarded or furnishing security of the same. Mr. Roy Chowdhury contends that the appellant is not even required to comply with the provisions contained in Order 41 Rule 5 of the Code of Civil Procedure nor is it required to meet the terms of Sub- rule 3 of Order 41 Rule 1 of the Civil Procedure Code.