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2021 Supreme(UK) 248

RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
Jai Bhawani Stone Crusher – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Rakesh Thapliyal, Advocate, Pankaj Chaturvedi, Advocate, S.S. Chaudhary, Advocate, Alok Kumar, Advocate, Sandeep Kothari, Advocate

JUDGMENT

Raghvendra Singh Chauhan, CJ. - The appellant has challenged the legality of the order dated 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 dated 28.09.2021 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

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