Page No.# 1/4 vs Gitima Roy And Ors
2025 Latest Caselaw 792 Gua

Gauhati High Court

Page No.# 1/4 vs Gitima Roy And Ors on 3 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010187042024




                                                           2025:GAU-AS:7216

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

                        Case No. : I.A.(Civil)/1358/2025

         SABITA NATH SARMA
         W/O LATE MONI KANTA NATH SARMA
         RESIDENT OF HOUSE NO. 506
         5TH FLOOR
         B BLOCK MANAR ELEGANCE SOME SUNDAR PALLAYA HSR 2ND SECTOR
         BANGALORE
         560102


          VERSUS

         GITIMA ROY AND ORS
         W/O PALLAB MEDHI RESIDENT OF VILLAGE LUTUMA LOKHARA ROAD
         PO BINOVA NAGAR
         PS FATASIL
         GUWAHATI 781018
         DIST KAMRUP M ASSAM

         2:MOUSUMI MITRA
         W/O BISWAJIT MITRA

         RESIDENT OF VILLAGE LALGANESH TINIALI
         SANTI NAGAR
         HOUSE NO. 2 PO LALGANESH
         PS FATASIL AMBARI
         DIST KAMRUP M ASSAM

         3:SUNITA SAHA
         W/O NAGENDRA CHANDRA SAHA

         RESIDENT OF HOUSE NO. 42
         4TH BYE LANE
         BHASKAR NAGAR
         KALAPAHAR
                                                                     Page No.# 2/4

           PS FATASIL AMBARI
           GUWAHATI 781018
           DIST KAMRUP M ASSAM
           ------------
           For the Applicant(s)        : Mr. S.K. Ghosh, Advocate

           For the Respondent(s)       : Mr. S. Ali, Advocate


                                 BEFORE
                  HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                   ORDER

Date : 03.06.2025

Heard Mr. S.K. Ghosh, the learned counsel appears on behalf of the applicant. Mr. S. Ali, the learned counsel appears on behalf of the opposite party Nos. 1,2 and 3.

2. This is an application filed for depositing the decreetal amount passed in judgment and decree dated 16.08.2024 by the learned Additional District Judge No. 1, Kamrup (M), Guwahati (hereinafter referred to as, "the learned First Appellate Court") in Title Appeal No. 14/2024.

3. The learned counsel appearing on behalf of the applicant submitted that vide the judgment and decree dated 16.08.2024 passed in Title Appeal No. 14/2024, the learned First Appellate Court while interfering with the judgment and decree dated 30.04.2024 passed by the learned Civil Judge (Senior Division) No. 2, Kamrup (M), Guwahati in Title Suit No. 95/2016 held that the plaintiffs were entitled to get refund of the advance amount Page No.# 3/4

of Rs. 11,00,000/- along with interest @ 9% per annum from the date of the judgment till payment is made including return of another amount of Rs. 2,00,000/- paid in the account of the defendant unilaterally on 05.06.2015. The learned counsel further submitted that as there is a accruing interest of 9%, permission may be granted to the applicant to deposit the said amount before the Registry and give due liberty to the opposite parties who are the appellants in the accompanying appeal to seek release of the said amount, if so advised.

4. Taking into account that there is a direction passed by the learned First Appellate Court to return the amount of Rs. 11,00,000/- with interest @ 9% along with amount of Rs. 2,00,000/-, it is the opinion of this Court that not permitting the applicant to deposit the said amount as directed vide the judgment and decree dated 16.08.2024 would cause difficulties on the part of the applicant.

5. Accordingly, this Court, therefore, disposes of the instant application thereby granting liberty to the applicant to deposit an amount of Rs. 11,00,000/- along with interest @ 9% calculated from 16.08.2024 before the Registry of this Court. In addition to that, the applicant is also given the liberty to deposit another amount of Rs. 2,00,000/-.

Page No.# 4/4

6. It is further observed that if the amount is duly deposited, it shall not be a bar on the part of the opposite parties, who are the appellants, in the accompanying Second Appeal to file application for release of the said amount.

JUDGE

Comparing Assistant