Ng. Kumar Singh vs State Of Manipur
2021 Latest Caselaw 234 Mani

SHOUGRA Digitally
         by
                  signed
                                                                                           IN. 57
KPAM     SHOUGRAKPAM
         DEVANANDA
DEVANAN SINGH                           IN THE HIGH COURT OF MANIPUR
DA SINGH Date: 2021.10.12
         11:37:43 +01'00'
                                                    AT IMPHAL
                                               (Video Conference)

                    RFA No. 1 of 2015
                    Ng. Kumar Singh                                ...Appellant
                            Vs.
                    State of Manipur                               ...Respondents
                                               B E F O R E
                                     HON'BLE MR. JUSTICE KH. NOBIN SINGH
                                                  O R D E R

11-10-2021

Heard Shri Premkumar, learned Advocate appearing for the

appellant and Shri M. Rarry, learned Addl. Advocate General appearing

for the respondents.

[1] The above Regular First Appeal (hereinafter referred to as "the

appeal") is directed against the judgment and order dated 30-12-2014

passed by the learned Civil Judge, Senior Division No.1, Manipur East

(hereinafter referred to as "the Civil Judge") in OS No.42 of 2012. The

appellant filed the said suit for the recovery of Rs.2,20,000/- with interest

thereon.

[2] The appellant is an Advocate practicing before this Court and

being aggrieved by the said judgment and order dated 30-12-2014 of the

learned Civil Judge, he had preferred this Appeal on the inter-alia

grounds that the learned Civil Judge failed to exercise its power conferred

upon it under the provisions of Section 34 of the CPC towards the

payment of interest and that the failure of the part of the respondents in

RFA No.1 of 2015 Page 1 IN. 57

paying the professional bill in time had compelled him to take recourse to

the litigation for redressal of his grievance. The prayer in the appeal is to

direct the respondents for payment of interest on the decretal amount at

the rate of 6% per annum either from the date of the issue of the reminder

dated 25-01-2011 or from the date of notice issued by him under Section

80 CPC.

[3] Notice in the appeal was issued as far back as on 15-04-2015

and since then, the same has been pending for disposal by this court.

[4] On 15-09-2021 when the matter was listed before this Court for

consideration, this Court granted the counsel appearing for the appellant

to seek instruction as to whether the appellant could forgo or give up his

claim keeping in mind the financial constraints being faced by the State

Government due to Covid-19 pandemic.

[5] When the matter is taken up for consideration today, it has been

fairly submitted by the learned counsel appearing for the appellant that

the appellant has agreed to the suggestion of this Court and has

instructed him to withdraw the appeal. Accordingly, the appeal stands

disposed of as withdrawn.

[6] Before parting with the instant appeal, this Court deems it

appropriate to express its gratitude to the gesture being shown by the

appellant, who himself is an Advocate, by withdrawing the appeal keeping

in mind the financial constraints being faced by the State Government

due to Covid-19 Pandemic. The appellant's generosity is highly

RFA No.1 of 2015 Page 2 IN. 57

appreciable by all. At this juncture, this Court is desirous of appealing the

conscience of the State Government that it shall keep in mind the

expectations of the Advocates who rendered services for the State

Government in various courts at the time of payment of their professional

bills and that it shall make a sincere endeavour for making such payment

within a reasonable time so as to avoid such litigation in future.

                                                      JUDGE

Devananda




RFA No.1 of 2015                                                     Page 3