Ng. Kumar Singh vs State Of Manipur

KH. Nobin Singh, J

(Video Conference)

Heard Shri Premkumar, learned Advocate appearing for the appellant and Shri M. Rarry, learned Addl. Advocate General appearing for the respondents.

[1] The above Regular First Appeal (hereinafter referred to as "the appeal") is directed against the judgment and order dated 30-12-2014 passed by the learned Civil Judge, Senior Division No.1, Manipur East (hereinafter referred to as "the Civil Judge") in OS No.42 of 2012. The appellant filed the said suit for the recovery of Rs.2,20,000/- with interest thereon.

[2] The appellant is an Advocate practicing before this Court and being aggrieved by the said judgment and order dated 30-12-2014 of the learned Civil Judge, he had preferred this Appeal on the inter-alia grounds that the learned Civil Judge failed to exercise its power conferred upon it under the provisions of Section 34 of the CPC towards the payment of interest and that the failure of the part of the respondents in paying the professional bill in time had compelled him to take recourse to the litigation for redressal of his grievance. The prayer in the appeal is to direct the respondents for payment of interest on the decretal amount at the rate of 6% per annum either from the date of the issue of the reminder dated 25-01-2011 or from the date of notice issued by him under Section 80 CPC.

[3] Notice in the appeal was issued as far back as on 15-04-2015 and since then, the same has been pending for disposal by this court.

[4] On 15-09-2021 when the matter was listed before this Court for consideration, this Court granted the counsel appearing for the appellant to seek instruction as to whether the appellant could forgo or give up his claim keeping in mind the financial constraints being faced by the State Government due to Covid-19 pandemic.

[5] When the matter is taken up for consideration today, it has been fairly submitted by the learned counsel appearing for the appellant that the appellant has agreed to the suggestion of this Court and has instructed him to withdraw the appeal. Accordingly, the appeal stands disposed of as withdrawn.

[6] Before parting with the instant appeal, this Court deems it appropriate to express its gratitude to the gesture being shown by the appellant, who himself is an Advocate, by withdrawing the appeal keeping in mind the financial constraints being faced by the State Government due to Covid-19 Pandemic. The appellant's generosity is highly appreciable by all. At this juncture, this Court is desirous of appealing the conscience of the State Government that it shall keep in mind the expectations of the Advocates who rendered services for the State Government in various courts at the time of payment of their professional bills and that it shall make a sincere endeavour for making such payment within a reasonable time so as to avoid such litigation in future.