The Union of India v. The Deputy Commissioner and Anr

ORDER Date :05.12.2024

Heard Mr. M. Ete, learned counsel for the applicant and Mr. D. Das, learned Senior Counsel, assisted by Mr. I. Das, learned counsel for the opposite party No. 2.

¶2This interlocutory application, is preferred by the applicant Union of India for releasing statutory deposit amount of Rs. 83,08,831/-, which was deposited before the Registry of this Court, in connection with LA Appeal No. 01(AP)/2021, corresponding to Reference Case No. 01/DV/2021.

¶3Mr. Ete, learned counsel for the applicant submits that pursuant to an order of this Court in LA Appeal No. 01(AP)/2021, the applicant herein had deposited a sum of Rs. 83,08,831/-, and though the LA Appeal has already been disposed of by this Court, but the said amount is still lying in the Registry of this Court and the same is required to be released so as to make onward payment of the same to the opposite party No. 2 in the interest of justice.

¶4Mr. Das, learned Senior Counsel for the opposite party No. 2 submits that the amount deposited before the Registry of this Court is the amount awarded in Reference Case No. 01/DV/2021, and that a direction may be issued to release the aforesaid amount in favour of the opposite party No. 2 within a period of one week.

¶5Having heard the submissions of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record.

¶6Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record, it is provided that the Page No.# 3/3 Registry shall release the aforesaid amount of Rs. 83,08,831/-, so as to enable the applicant to deposit the same in the account of the opposite party No. 1, bearing account No. 38862533389, at SBI (Anini), for onward releasing the same in favour of the opposite party No. 2.

¶7The aforesaid exercise has to be carried within a period one week from the date of receipt of certified copy of this order.

¶8In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040014592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/217/2024 The Union of India Age: 0 Occupation : Address:Ministry of Home Affairs Govt of India represented by the Commandant 9th BN ITBP Lohitpur Tezu c/o 99 APO MHA Govt of India VERSUS The Deputy Commissioner and Anr Age: 0 Occupation : Address:Anini Dibang Valley District Arunachal Pradesh. 2:Rohit Mele Age: 0 Occupation : Address:Son of Late Chiye Mele Etalin Village Dibang Valley District Arunachal Pradesh. ------------ Advocate for : Marto Kato Advocate for : GA (AP) appearing for The Deputy Commissioner and Anr: Advocate , appearing for 2, respectively. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN