Unknown vs For Applicant(S) : Mr. B. Majumder
2024 Latest Caselaw 353 Tri

Tripura High Court

Unknown vs For Applicant(S) : Mr. B. Majumder on 1 March, 2024

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                       HIGH COURT OF TRIPURA
                             AGARTALA

       I.A.02 of 2024 in MAC.APP.No.66 of 2022(D/O)
For Applicant(s)         :      Mr. B. Majumder, Dy.SGI.
For Respondent(s)        :      Mr. S. Datta, Adv.

HON'BLE MR. JUSTICE BISWAJIT PALIT

Order 01/03/2024

Learned Dy. SGI, Mr. B. Majumder is present for the

applicant-respondents. Learned counsel, Mr. S. Datta is also present for

the respondent-claimants.

This application is filed for modification of the order dated

15.02.2024 passed in I.A.01 of 2024 in connection with case

No.MAC.APP.66 of 2022.

Heard Learned Dy.SGI.

In course of hearing, Learned Dy.SGI submitted that the

applicant-respondent has deposited vide demand draft bearing

No.991041 dated 15.11.2023 to the Registry of the High Court of

Tripura an amount of Rs.7,85,730/- as per judgment and order dated

20.04.2023 passed in MAC.APP.No.66 of 2022(disposed of).

Thereafter, in I.A. vide No.01 of 2024 a direction was given

to the Registrar General, High Court of Tripura to release the amount in

favour of the applicant Sri Hari Sankar Kurmi which according to the

present petitioner was the final amount towards satisfaction of the

award. The claimant filed an execution petition before the tribunal

which is still pending for disposal. The present petitioner submitted

calculation sheet and as per the calculation sheet, no amount is due for

further payment.

On the other hand, Learned counsel for the claimant

submitted that after making payment of this amount, some more

amount is due from the petitioner-respondent which is to be paid by the

respondent to the claimant in pursuance of the judgment and order of

this High Court.

Since, the execution proceeding is pending before the MACT

No.1, West Tripura, Agartala so the present petitioner may place the

matter to the tribunal to substantiate his contention for disposal of

execution proceeding. At the same time, the claimant also be asked to

place his calculation sheet before the tribunal for proper disposal of the

execution proceeding. The tribunal shall dispose of the execution

petition registered vide case No.Civil Misc.61 of 2023 under Section 174

of M.V. Act after hearing both the sides at an earliest convenience.

Since, the execution proceeding is pending before the tribunal, so this

Court has nothing to do with the matter at this stage.

Registrar General, High Court of Tripura be asked to release

the payment in favour of the claimant as per order dated 15.02.2024

passed in I.A.01 of 2024 by this Court.

With this observation, the present I.A. stands disposed of.

A copy of this order be communicated to the Registrar

General, High Court of Tripura.

Also a copy of this order be communicated to the MACT,

Court No.4, West Tripura, Agartala as well as to the Learned counsel for

the present petitioner i.e. Dy.SGI, Learned counsel for the original

claimant for compliance.

JUDGE

Date: 2024.03.02 13:55:00 +05'30'