Mridul Saikia vs Zenifer Begum And Anr
2022 Latest Caselaw 2032 Gua

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GAHC010112532022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRP(IO)/123/2022

             MRIDUL SAIKIA
             S/O LATE NARAYAN SAIKIA, R/O BELTOLA TINIALI, LAKHIMI PATH, BYE
             LANE-ALAKANANDA PATH, GUWAHATI-781028, P.S.-BASISTHA,
             KAMRUP(M) DISTRICT, ASSAM

             VERSUS

             ZENIFER BEGUM AND ANR
             D/O MD. ROFIQUE ALI, R/O GAONBURAPARA, GARIGAON, GUWAHATI-
             781012, P.S.-JALUKBARI, KAMRUP (M) DISTRICT, ASSAM

             2:MOINUL HOQUE
              S/O LATE DIRPIN SHEIKH
              GARIGAON, SADILAPUR
              GUWAHATI-781012
              P.S.-JALUKBARI
              KAMRUP (M) DISTRICT, ASSA

Advocate for the Petitioner   : MR. M MAHANTA

Advocate for the Respondent : MR. B D DEKA (FOR CAVEATOR)

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

08-06-2022

Mr. M. Mahanta, learned counsel represents the petitioner. Mr. B.D. Deka, learned counsel represents the respondents.

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In view of appearance of Mr. Deka, learned counsel for the respondents, the caveat stands discharged.

This petition has been filed under Article 227 of the Constitution of India, read with Section 151 of the CPC, for setting aside the order dated 25-05-2022, fixing the summary suit No. 01/2021 for judgment on 08-06-2022 due to the failure on the part of the petitioner/defendant to deposit the security amount in accordance with the direction of the Court.

I have heard the learned counsel for both the parties. Mr. Mahanta, learned counsel for the petitioner has submitted that he needs at least one month to deposit the security amount in accordance with the order of the Court.

The learned counsel for the respondents, however, has submitted that since the learned Court below has fixed the matter for judgment today, there should not be any relief granted to the petitioner in the interim. However, considering the rival submissions made by the respective learned counsel for the parties and considering the nature of issues involved in this application, this Court grants one month's time to make payment of the security amount forementioned. This Court directs the petitioner to deposit the security amount on or before 07- 07-2022. Accordingly, the interim protection is granted till 07-07-2022. However, it is made clear that in the event the security deposit, in accordance with the order passed by the learned Court below is not made by the date fixed, the interim protection so granted shall automatically stand vacated without reference to this Court.

The learned Court below shall proceed in accordance with the law after the security deposit is made.

The security deposit to be made by the petitioner shall be allowed to be Page No.# 3/3

withdrawn by the respondents subject to furnishing of indemnity bond of equivalent amount.

The delivery of judgment in the aforesaid suit is stayed till the date fixed. List the matter in the first week after the ensuing summer vacation.

JUDGE

Comparing Assistant