For vs Mr. Kishalay Roy
2021 Latest Caselaw 1233 Tri

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                       HIGH COURT OF TRIPURA
                          _A_G_A_R_T_A_L_A_
                IA No.06 of 2021 IN RFA No.17 of 2019(D/O)
For Applicant(s)              : Mr. S. Lodh, Advocate,
                                Mr. Kishalay Roy, Advocate.
For Respondent(s)             :   Mr. Raju Datta, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S. TALAPATRA

_O_ R_ D_ E_ R_ 10/12/2021 (Indrajit Mahanty, CJ)

Heard learned counsel for the applicant.

Prayer has been made by the applicant for staying the

operation of the order dated 19.11.2021 passed in IA No.05 of 2021 in

RFA No.17 of 2019 directing release of the amount deposited by the

applicant during pendency of the RFA No.17/2019 before this Court. It is

undisputed fact that the RFA No.17/2019 came to be disposed of vide

judgment dated 24.05.2021. IA No.05 of 2021 had been filed by the

claimant seeking release of the said amount.

We have taken note of the submission of the learned counsel

for the present applicant (FCI) that no SLP had been filed in terms of the

instructions received by him as on the said date.

The present application has been filed by the applicant-FCI

bringing on record the fact that an SLP appears to have been filed on

behalf of FCI but the same has yet not been numbered on account of

defects. We make it clear that the order passed in IA No.05 of 2021 for

the reasons as noted hereinabove and we had merely recorded the

statement made by the learned counsel for the FCI. The present

application has been filed by FCI seeking stay of the operation of the said

order in view of the fact that SLP in fact has been filed but remains

pending registration on account of defects. We make it clear that the

applicant is at liberty to move the Hon'ble Apex Court as he may be

advised which in no manner has any impact on the orders that we earlier

passed on 19.11.2021.

Accordingly, we find no merits in the present application

and the same is dismissed.

(S. TALAPATRA), J (INDRAJIT MAHANTY), CJ

Dipesh