- (1.) The circumstances under which an order was passed by this Court on 25th August, 2000 directing that notice be issued on contempt petitions, in brief, are these : On 31st December, 1997, Civil Judge (S.D.), Anand passed a decree in favour of respondent, inter alia, for Rs. 9,33,378.37 p., with interest @ 6% from the date of the suit, i.e., from 16th March, 1982 and cost of the suit. The said decree is the subject-matter of challenge in First Appeal No. 2317 of 1998 filed by the defendants (petitioners in S.L.P. and contempt petition) in the High Court of Gujarat. A civil application was filed by the petitioners in the High Court seeking stay of the execution of the decree. The High Court by order dated 21st December, 1999 granted stay of the execution of the decree subject to the condition that decretal amount together with costs and interest is deposited in the trial Court within the period stipulated in the order. The High Court further directed that on deposit being made, the respondent who is the original plaintiff shall be entitled to withdraw 50% of the amount on furnishing security to the satisfaction of the trial Court and 50% without security.
(2.) The order dated 21st December, 1999 is the subject-matter of challenge in the Special Leave Petition. While issuing notice in the petition on 27th March, 2000, this Court directed that the notice shall state that the matter may be disposed of at the S.L.P. stage by varying the order under challenge so that withdrawal of the entire amount is permitted only against security and withdrawal of 50% amount without security was stayed. The order reads : Issue notice. Notice shall state that the matter may be disposed of at the S.L.P. stage by varying the order challenge so that withdrawal of the entire amount is permitted only against security. Pending further orders, the order under challenge is stayed to the extent that it permits the respondent to withdraw fifty percent of the amount without furnishing security.
(3.) Pursuant to the decree, a sum of Rs. 19,51,268/- was deposited in the trial Court on 24th March, 2000.;