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2019 DIGILAW 347 (SC)

Kalpana Banik v. Swapan Kumar Paul

2019-01-28

INDU MALHOTRA, UDAY UMESH LALIT

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ORDER 1. Delay condoned. 2. Leave granted. 3. In the present matter, the High Court has refused to condone delay of 334 days in filing application for restoration. 4. In our view, the appellants are entitled to have one chance and the matter ought to have been heard on merits. However, the lapse on part of the appellants would not be condoned unless they are put to certain terms. 5. After having heard learned counsel, in our view, ends of justice would be met, if the appellants are directed to deposit a sum of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) with the Registrar of Tripura High Court within two weeks from today. 6. Upon deposit of such sum within the stipulated time, the said sum shall be made over to the present respondents upon sufficient proof of identification and RSA No.6 of 2006 shall stand restored to the file. We request the High Court of Tripura and Agartala to dispose of the said RSA No.6 of 2006 as expeditiously as possible, preferably within three months from the receipt of the order. 7. We make it clear that if the amount is not deposited within the stipulated time, no benefit under this order shall accrue to the appellants and the order dated 23.11.2016 passed by the High Court shall remain unchanged. 8. The appeal is disposed of. 9. Pending applications, if any, also stand disposed of.