M/S. Sical Multimodal And Rail Transport Ltd., v. Central Warehousing Corporation

C.M.P. No.13454 of 2022 in O.S.A.(CAD) No.105 of 2022 M.DURAISWAMY, J.

and SUNDER MOHAN, J (Order of the Court made by M.DURAISWAMY,J.) By order dated 14.07.2022, this Court while granting an order of interim stay directed the petitioner/appellant to deposit 50% of the amount mentioned in the Execution Petition in E.P. No. 41 of 2021 on the file of the learned Master to the credit of E.P. No. 41 of 2021, within a period of four weeks from the date of receipt of a copy of that order. Further, we have also observed that failure to deposit the amount as stated above, in vacation of the interim order automatically without any reference to this Court.

2. Now, the petitioner has come forward with the present Miscellaneous Petition seeking for extension of time more than seven weeks from the date of passing of the order.

3. The reasons given in the in the affidavit filed in support of the above Miscellaneous Petition cannot be accepted. M. DURAISWAMY, J.

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and SUNDER MOHAN, J.

Rj

4. The learned counsel appearing for the respondent submitted that the petitioner is evading the compliance of the conditional order by filing the present Miscellaneous Petition, therefore, no stay should be granted.

5. We fully agree with the submission made by the learned counsel for the respondent. We are not inclined to extend the time granted on 14.07.2022. Accordingly, the above Miscellaneous Petition is dismissed.

[M.D., J.] [S.M., J.] 06.09.2022 Rj C.M.P. No.13454 of 2022 in O.S.A.(CAD) No.105 of 2022 Page 2/2 https://www.mhc.tn.gov.in/judis