Sikkim High Court

RFA/9/2018 of Rinzing Lachungpa Vs Pankhuri Mishra and ors. on 9 November 2020

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OF SIKKIM Record of Proceedings through Video Conferencing IA No. 03 of 2020 Arising out of RFA No. 09 of 2018 RINZING LACHUNGPA …APPELLANT VERSUS PANKHURI MISHRA & ORS. …RESPONDENTS Date: 01.12.2020 CORAM: HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE …

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IA No. 03 of 2020Arising out of RFA No. 09 of 2018

RINZING LACHUNGPA

PANKHURI MISHRA & ORS.

VERSUS

…APPELLANT

…RESPONDENTS

Date: 01.12.2020

CORAM:

HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE …

Heard Mr. Sudesh Joshi, learned Counsel for the appellant. Also heard Mr. B. Sharma, learned Senior Counsel for respondent no.1 and Mr. S.S. Hamal, learned Counsel for respondent nos. 2 and 4.

Pursuant to the order of this Court dated 21.02.2019, the appellant in RFA No. 09 of 2018 had deposited a sum of Rs.27,00,000/- (Rupees Twenty Seven Lakhs) on 04.04.2019 in the Registry of this Court.

IA No. 03 of 2020 is filed by the appellant making a prayer for release of the aforesaid amount of Rs.27,00,000/- on the ground that vide Judgment and Order dated 09.11.2020, the order of the learned Trial Court was modified and that this Court had held that there is no liability of the appellant for payment of any amount to the plaintiff, who is respondent no.1 in RFA No. 09 of 2018.

Upon hearing the learned Counsel for the parties, Registry is directed to release the amount to the appellant in RFA No. 09 of 2018 on proper identification.

IA No. 03 of 2020 stands disposed of.

jk/

ARUP Digitally signed by ARUP KUMAR KUMAR GOSWAMI Date: 2020.12.01 GOSWAMI15:38:13 +05'30'

Chief Justice

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