For vs Mr. S. Dey
2022 Latest Caselaw 166 Tri

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                           HIGH COURT OF TRIPURA
                                 AGARTALA
                   I.A. No.07/2022 in RFA No.17/2019(DO)

For Applicant(s)                 : Mr. Arijit Bhowmik, Advocate,
                                   Mr. S. Dey, Advocate,
                                   Mr. A.T. Pal, Advocate.
For Respondent(s)                : Mr. Raju Datta, Advocate.

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

Order 11/02/2022 (Indrajit Mahanty, C.J.)

This application has arisen out of RFA No.17 of 2019. The said

RFA was disposed of by judgment and order of this Court dated 24.05.2021.

It appears that being aggrieved by the said judgment, the appellants

approached the Hon'ble Supreme Court in SLP No.20710-20711 of 2021

(Annexure-3) and the Hon'ble Supreme Court by order dated 05.01.2022

directed that the money deposited by the appellants (FCI) shall not be

disbursed to the respondent and shall be kept in a fixed deposit. After the

disposal of the RFA No.17 of 2019 by judgment and order dated 24.05.2021,

an I.A. No.05 of 2021 came to be filed and considering the fact that the

appeal had been dismissed, directions were issued on 19.11.2021 for release

of the amount deposited by the appellants in favour of the respondent. It is

further stated by the learned counsel for the applicants that this direction of

the Court for releasing the amount of money in favour of the respondent was

complied with by the Registry of this Court on 12.12.2021. The present

application has come to be filed with a prayer to direct the respondent to

redeposit the amount released in favour of the respondent by the Registry.

It would also be appropriate to note herein that the appellants

before the Hon'ble Supreme Court did not draw the aforesaid facts to the

notice of the Hon'ble Supreme Court at that point of time for passing of

necessary directions.

In our considered view, in view of the disposal of the RFA on

24.05.2021 and I.A. No.05/2021 on 19.11.2021 and the actual disbursal of

the amount in favour of the respondent on 12.12.2021, this Court is functus

officio and consequently, cannot entertain an application with the prayer as

noted hereinabove.

Application stands dismissed.

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




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