Hon'ble KOTHARI, J.—This contempt petition has been filed by the petitioner (Decree-Holder), Bharat Sanchar Nigam Ltd. (A Government of India Undertaking) through its Deputy Assistant Manager (Planning) in the office of General Manager, Telecom, District, BSNL, Jodhpur Mr. R.C. Vyas, alleging therein that in the first appeal filed by the defendant-State of Rajasthan before this Court under Section 96 CPC, against the judgment and decree of the learned Additional District Judge No. 2, Jodhpur Metropolitan, Jodhpur, a coordinate bench of this Court while admitting the First Appeal No. 77/2012- State of Rajasthan & Ors. vs. BSNL, the coordinate bench of this Court has disposed of the stay petition of the said First Appeal with a direction that the effect and operation of the judgment and decree dated 13.12.2011 shall remain stayed provided the appellant-State deposits 50% of the decretal amount and the State functionaries have not complied with that interim order of this Court and hence they have committed civil contempt.

2. After serving a legal notice (Annex.3) dated 14.7.2012 on behalf of decree-holder-BSNL upon the defendants authorities of State of Rajasthan calling upon them to deposit a sum of Rs. 42,61,485/- including interest; and if the defendants fail to deposit the same, the decree-holder threatened contempt action against the defendants, the authorities of the State. In the said notice (Annex. 3), the learned advocate serving the said notice, Mr. Jagdish Vyas, also stated that otherwise appropriate execution proceedings for the decree will also be taken against the judgment-debtor State.

3. It may be stated here that the present suit was filed by the BSNL against the State authorities, mainly against the Rajasthan Urban Infrastructure Development Project, Jodhpur (RUIDP), which was assigned the contract of undertaking the road repair work inside the walled city of Jodhpur and during the process of such construction of road, the cables laid by the plaintiff-BSNL were damaged and for the purported loss caused to the plaintiff-BSNL by such damages to the cables, the plaintiff claimed Rs. 1,50,000/- for each cut of cable at different places. The said suit was contested by the defendant-State, inter-alia, on the ground of limitation and non-serving the mandatory prior notice under Section 80 of the CPC and also on merits. The learned trial court, however, over-ruling the preliminary objections apparently without any substantive evidence of actual damage caused to or suffered by the plaintiff-BSNL, decreed the suit of the total claimed amount of Rs. 64,98,000/- to be paid with interest to BSNL.

4. Being aggrieved by the said judgment and decree of the learned trial court of Additional District Judge, No. 2, Jodhpur Metropolitan, Jodhpur, the State of Rajasthan and RUIDP preferred the aforesaid First Appeal being CFA No. 77/2012- State of Rajasthan & Ors. vs. BSNL, before this Court, in which the aforesaid interim order came to be passed after hearing both the counsels, as the present petitioner (plaintiff) entered caveat in the said first appeal on 16.3.2012.

5. From a bare perusal of the interim order dated 16.3.2012, which is quoted hereunder for ready reference, it appears that neither any specific time froms was given for depositing of the said 50% of the decretal amount by the coordinate bench of this Court, nor any execution proceedings in regular manner under Order 21 CPC appear to have been undertaken by the decree-holder (BSNL) before the Executing Court below. The order reads as under:-

"HON'BLE MR. JUSTICE G.K. VYAS

Date of Order : 16.3.2012

"Admit, Issue notice, Notices need not be issued as Mr. Jagdish Vyas, learned counsel has already entered caveat on behalf of the respondents. Call for the record.

The stay application is disposed of with the direction that effect and operation of the judgment and decree dated 13.12.2011 shall remain stayed provided the appellant deposits 50% of the decretal amount."

6. Mr. J