ORDER

Misc. Case No. 19 of 2004

20.2.2004 — This is an application for vacating and modifying the order dated 14.1.2004 passed in Misc Case No. 216 of 2003. By the said order, the Court directed adinterim stay of further proceeding in Execution Case No.18 of 2003 on the file of the learned Civil Judge (Sr. Divn.), Bhubaneswar until further orders subject to cash deposit of 50% of the decretal dues by the appellants in shape of demand draft and bank guarantee for the remaining amount before the executing Court.

The respondent supplied some goods to the appellant and was paid part of the price of the goods. For the balance price, the respondent moved this Court in O.J.C. No.5565 of 1994 which was disposed of by order dated 14.11.1995 with a direction to the appellant to pay a sum of Rs. 66,09,699.36 to the respondent. Against the order of this Court, the appellant filed a Special Leave Petition SLP (C) No. 5239 of 1995 and the Supreme Court disposed of the matter with the direction that he appellant shall pay a sum of Rs. 23 lakhs to the respondent as the said amount is not disputed and the respondent will file a regular suit before the Civil Court for rest of the claim. Pursuant to t