SANJEEV KUMAR,J. - (1.) This order shall dispose of both the applications aforesaid, one filed by the respondent-decree holder, namely M/s Banke Behari Gandotra for release of the balance decretal amount along with interest stated to have been deposited in the Registry of this Court during the pendency of CFA No. 03/2016 and one moved by the appellant-judgment debtor i.e Hindustan Petroleum Corporation limited seeking stay with regard to the release of decretal amount aforesaid till the time Special Leave Petition is filed by it i.e three months.
(2.) It may be noted that the appellant-Judgment Debtor challenged the Judgment and Decree dated 29.12.2015 passed by the learned Principal District Judge, Jammu (hereinafter referred to as the 'trial Court'). The trial Court had passed a judgment and decree in favour of the respondent-decree holder and against the appellant-judgment debtor for recovery of Rs. 52,18,756.00 along with interest @ 9% per annum. The judgment and decree passed by the trial Court was assailed before this Court by way of CFA No.03/2016 on numerous grounds. This Court vide its judgment dated 21.07.2018 dismissed the Civil First Appeal filed by the appellant-judgment debtor. During the pendency of this appeal, the appellant-judgment debtor had deposited whole of the decretal amount in the Registry of this Court. It is also stated that a sum of Rs. 25.00 lacs was subsequently released in favour of respondent-decree holder subject to furnishing of surety of the said amount.
(3.) There is no dispute that the judgment and decree of the trial Court has been upheld by this Court vide its judgment dated 21.07.2018 and there is no further appeal as a matter of right provided under the Code of Civil Procedure. The only remedy with the appellant-judgment debtor, if it is aggrieved, is to approach the Hon'ble Supreme Court by way of a Special Leave Petition. It is only after the leave is granted, an appeal of the appellant-judgment debtor shall be entertained and considered. Nineteen days' time is the limitation for approaching the Supreme Court for filing appeal/SLP as the case may be.;