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Judgment
Arindam Sinha, J
Ms. Roy, learned advocate appears on behalf of petitioner and submits, unless there is direction for return of bond, her client is unable to deposit pursuant to direction made in order dated 6th November, 2017, also directing stay of impugned award dated 29th April, 2017.
Perused orders dated 6th November, 2017 and subsequent orders made by different co-ordinate Benches. It appears by order dated 6th November, 2017 there was interim direction directing deposit of sum of Rs.4,47,640/- before the Registrar (Judicial) for stay of impugned award. Order dated 28th January, 2019 reveals, petitioner instead of depositing the money filed a fixed deposit bond. It does not appear from said order, in whose favour the fixed deposit was made. Court presumes it was made in favour of Registrar (Judicial). In any event since thereby, direction made in order dated 6th November, 2017 was not complied with, no stay operated on impugned award and the situation continues.
On presentation of website copy of this order by petitioner, Registrar (Judicial) will return the fixed deposit bond. Petitioner has till adjourned date to deposit with Registrar (Judicial), by Demand Draft payable in favour of the Registrar, aggregate of proceeds in the fixed deposit from date it was made till encashment added to interest on the said sum at the rate earned in the fixed deposit, for period from 6th November, 2017 till date of making the fixed deposit. In event the deposit is made, stay of operation of the impugned award will commence therefrom.
List on 11th August, 2022. Particulars of the deposit must be furnished to Court by way of additional affidavit, to be filed on adjourned date upon advance copy served.
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