Tripura High Court
For vs For on 19 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
IA 05 of 2021
in RFA 17 of 2019
For applicant(s) : Mr. Raju Datta, Advocate
For Respondent(s) : Mr. Arijit Bhowmik, Advocate
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE S. TALAPATRA
ORDER
19.11.2021
By means of this application, the applicant seeks leave of this
court for withdrawal of the decreetal amount to the extent of Rs.41,98,707/-.
It transpires from the Registry's note dated 08.12.2020 placed in
the file of RFA 17 of 2019, that by two Bankers Cheques dated 16.11.2019 and
19.11.2019, a sum of Rs.41,98,707/- had been deposited by the appellant in
terms of the order dated 06.08.2019 delivered in RFA 17 of 2019. It further
appears from the records that by the common judgment dated 24.05.2021, the
appeal filed by the Food Corporation of India & Anr. being RFA 17 of 2019, in
account of which, the said deposit was made, has been dismissed by observing
that there is no evidence to demonstrate how the plaintiff had suffered loss to
the extent of Rs.6,55,144/- for the remaining four months of the contract
period. That finding of the District Commercial Court does not suffer from any
infirmity. Thus, the finding of the District Commercial Court as recorded in the
judgment dated 31.01.2019 stood affirmed.
As the said appeal, filed by the respondents herein, has been
dismissed, the applicant (the respondent in RFA 17 of 2019) has urged this
court to release the said deposited amount to the extent of Rs.41,98,707/-
[aggregate of Rs.40,08,286/- being the decreetal amount and Rs.1,90,421/-,
the interest thereon].
The respondents herein, the appellants in RFA 17 of 2019 have
filed an objection contending that the said amount may not be released. It has
been asserted in the objection that this Court is sought to be converted into an
Executing Court and the same is not permissible under law. Hence, this
application seeking leave to withdraw the deposited amount be rejected.
It has been further stated that the appeal in the Hon'ble Supreme
Court can be filed within 90 days from the date of disposal. The final order has
been passed on 24.05.2021 in RFA 17 of 2019. On the date of filing of this
application, the period of limitation i.e. 90 days for filing the appeal before the
Hon'ble Supreme Court, did not expire.
We have heard the counsel for the parties. In the emerged
context, when this Court queried Mr. Bhowmik, learned counsel appearing for
the respondents (the appellants in RFA 17 of 2019) whether the respondents
have filed any petition seeking leave to appeal, Mr. Bhowmik, learned counsel
has replied that no such appeal qua special leave petition has been filed before
the Hon'ble Supreme Court.
In our considered opinion, there is no embargo in releasing the
amount that has been deposited in terms of the judgment and decree dated
31.01.2019 and 14.02.2019 respectively, delivered in Commercial Suit No.
07/2017 by the District Commercial Court.
Having observed thus, the Registry is directed to release the
entire deposited amount including accrued interest to the applicant, the
respondent in RFA 17 of 2019, following the laid down procedure.
In terms thereof, this application stands allowed and disposed of.
[S. TALAPATRA, J] [INDRAJIT MAHANTY, CJ]
lodh
