High CourtsSingle Bench(2024) 05 SIK CK 0044

Anand Kumar Ojha vs Ramesh Kumar Agarwal

Sikkim High Court · Decided on 13 May 2024

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Regular First Appeal No. 1 Of 2023

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Judgment

7 paragraphs · 278 words

Bhaskar Raj Pradhan, J

1.

The Decree is for a sum of Rs.7,84,695/- for non-payment of rent.

2.

The present RFA No.01 of 2023 was filed by the Appellant on 27.02.2023. Thereafter, the matter has been heard on seven dates from 04.04.2023 till 02.04.2024. The Appellant has, however, neither deposited the amount disputed in the Appeal nor furnished security in respect thereof.

3.

On 02.04.2024, learned Counsel appearing for the Appellant submitted that he has received telephonic instructions from the Appellant to withdraw the present case, however, since he did not have any written instructions, he prayed for a short adjournment which was granted. Today, Mr. Passang Tshering Bhutia, learned Counsel is present along with the Appellant. The learned Counsel submits that the Appellant desires that he withdraw from the case to enable him to engage another Lawyer. The Appellant, on being asked as to how much time he would require to deposit the disputed amount or provide security, seeks six months time to deposit the disputed amount. That cannot be granted. The Appellant then submits that he would like to deposit the disputed amount within a period of a month and a half. On his fervent plea, time prayed for is granted. As requested, the Appellant shall deposit the disputed amount in the Registry of this High Court before the expiry of one and a half months from today.

4.

Mr. Passang Tshering Bhutia, learned Counsel for the Appellant desires to withdraw from the case in the situation. He is permitted to do so.

5.

The Appellant is given notice to ensure that he is represented on the next date by another Counsel.

6.

List on 05.07.2024.