Jagdish Sharma vs Birinchi Kumar Gogoi
2023 Latest Caselaw 2636 Gua

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GAHC010136012023




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

                               Case No. : I.A.(Civil)/1768/2023

            JAGDISH SHARMA,
            S/O SRI SHYAM SUNDAR SHARMA, RESIDENT OF BORDOLOI NAGAR,
            TINSUKIA, PO, PS AND DIST TINSUKIA, ASSAM



            VERSUS

            BIRINCHI KUMAR GOGOI
            S/O SRI DIMBESWAR GOGOI RESIDENT OF HOUSING BOARD COLONY,
            MILANPUR NAGAR, PO AND P.S DIBRUGARH, DIST DIBRUGARH, ASSAM



Advocate for the Petitioner   : MR. BHASKAR DUTTA, SENIOR ADVOCATE

Advocate for the Respondent : MR P BORAH




             Linked Case : RFA/9/2023

            BIRINCHI KUMAR GOGOI
            S/O SRI DIMBESWAR GOGOI
            RESIDENT OF HOUSING BOARD COLONY
            MILANPUR NAGAR
            PO AND P.S DIBRUGARH
            DIST DIBRUGARH
            ASSAM


             VERSUS
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           JAGDISH SHARMA
           S/O SRI SHYAM SUNDAR SHARMA
            RESIDENT OF BORDOLOI NAGAR
            TINSUKIA
            PO
            PS AND DIST TINSUKIA
            ASSAM


           ------------
           Advocate for : MR. P BORAH
           Advocate for : MR. BHASKAR DUTTA
           SENIOR ADVOCATE appearing for JAGDISH SHARMA



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 21.06.2023

Heard Mr. B. Dutta, the learned Senior Counsel assisted by Mr. J. Das, the learned counsel appearing on behalf of the Applicant/sole Respondent and Mr. G.R. Dutta, the learned counsel appears on behalf of the Opposite Party/Appellant.

2. This is an application under Section 151 of the Code of Civil Procedure, 1908 for stay of the judgment and decree dated 20/12/2021 seeking directions upon the learned Court of the Civil Judge, Tinsukia to allow the Applicant/the Respondent herein to withdraw the amount of Rs.4 lakhs deposited by the Appellant/Opposite Party in terms with the order dated 17/3/2023 passed by this Court in IA(Civil) No. 728/2023 arising out of RFA No.9/2023 upon execution of an undertaking.

3. Having heard the learned counsels for the parties and upon perusal of the order dated 17/3/2023 passed in IA(C) No. 728/2023 and also taking into account that the Appellant/the Opposite Party herein had already deposited the said amount before the Court of the Civil Judge, Tinsukia in Money Suit No. 17/2011, this Court directs the learned Trial Court to disburse to the Applicant i.e. Sri Jagadhish Sharma the amount Page No.# 3/3

so deposited upon furnishing an indemnity bond before the learned Trial Court. Accordingly, the IA stands disposed off.

JUDGE

Comparing Assistant