For vs For
2021 Latest Caselaw 617 Tri

                         HIGH COURT OF TRIPURA
                                 AGARTALA
                    I.A.03 of 2021 in L.A. APP.118 of 2019
    For Applicant(s)         :      Mr. G.S. Bhattacharjee, Adv.
    For Respondent(s)        :      Mr. T.D. Majumder, Sr. Adv.

Mr. K.K. Pal, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 28/06/2021

Heard Mr. G.S. Bhattacharjee, learned counsel appearing for the

applicant as well as Mr. T.D. Majumder, learned senior counsel assisted by Mr.

K.K. Pal, learned counsel appearing for the Agartala Municipal Corporation-

respondent.

By means of this application, the referring-claimant respondent in

L.A.APP.118 of 2019 which appeal has been disposed of by this Court on

23.03.2021 has approached this Court for withdrawing the amount that has

been deposited by the respondent-Agartala Municipal Corporation to the

extent of Rs.3,53,605/- vide Cheque No.000340 drawn on the Bandhan Bank,

Agartala Branch.

Since, the appeal has been dismissed by the said judgment dated

23.03.2021, the claimant has right to get this money, but Mr. T.D. Majumder,

learned senior counsel has submitted that the Agartala Municipal Corporation

has been comtemplating to file an appeal before the Supreme Court of India

with leave and the Special Leave petition. For that purpose, he has submitted

that the said amount may be disbursed to the referring claimant [the

applicant herein] on furnishing an indemnity bond to the effect that if the

Supreme Court of India reverses the judgment dated 23.03.2021 as delivered

in L.A. APP.118 of 2019, the referring-claimant shall refund the money in

terms of the said judgment.

Mr. G.S. Bhattacharjee, learned counsel appearing for the

applicant [the referring-claimant] has immediately accepted this proposition.

In view of that, Registry is directed to disburse the said amount

following the prevalent practice but on furnishing an indemnity bond by the

applicant [the referring-claimant] undertaking to refund the money if the

judgment dated 23.03.3021 is distinguished, reversed or modified by reducing

the amount of the award as has been affirmed by this Court in LA.

APP.No.118 of 2019.

In terms of the above, this application stands disposed of.

JUDGE

Sabyasachi B