Court’s Direction on Deposit in Appeal

In a recent legal case, the High Court issued a significant direction regarding the deposit to be made by the appellants in their pending appeal. The court’s analysis and decision on the deposit amount reflect the adherence to legal procedures and the importance of following court directives. This case exemplifies the intricacies of legal proceedings and the court’s role in ensuring justice is upheld.

Facts

  • Judgment and final order challenged by the present appeal
  • Direction for the appellants to deposit the entire decretal amount with interest to the Registrar General of the High Court within three weeks
  • Notice issuance in the pending appeal subject to deposit

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Decision

  • Appellants were directed to deposit Rs.45,00,000/- with the Registrar General of the High Court.
  • The deposit of Rs.45,00,000/- was made as directed.
  • The question was whether this deposit was sufficient or the entire decretal sum with interest had to be deposited.
  • The direction to deposit the entire decretal sum along with interest was substituted by a direction to deposit Rs.45,00,000/-.
  • The pending appeal can now be taken up for hearing on merits by the High Court.
  • The High Court is requested to dispose of the pending appeal (FAT No.500 of 2017) preferably within three months.
  • The deposit of Rs.45,00,000/- is deemed to meet the ends of justice.

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Case Title: THE STATE OF WEST BENGAL Vs. ADONIS ENGINEERS COOPERATIVE CONSTRUCTION SOCIETY LIMITED (2022 INSC 836)

Case Number: C.A. No.-005293-005293 / 2022

Click here to read/download original judgement

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