• Appeal

We file a case in lower court against recovery of Rs311000/- from Development Authority. We won the case and Development Authority filed revision in Session court. The revision got dismissed in default and Development Authority filed Restoration in Session court which was not allowed and Development Authority then filed First appeal in the High court in 2003. The appeal was lying in defective list since 2003. The High Court dismiss the appeal in March 2018. The Authority applied for restoration in March 2019 and the case was restored. 
Now we have already deposited the disputed amount of Rs 311000/- vide cheque in 2016 under protest. And we want the court should take acknowledgement of the same and should dismiss the case on merit.
Asked 4 months ago in Civil Law from Ghaziabad, Uttar Pradesh

When you deposited amount in protest in court you must have received acknowledgment from registry of deposit of funds 

 

 

appeal would be heard on merits and then disposed of 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

In event you succeed and appeal is dismissed you would get refund of your money from development authority 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

1. it is not clear what the decree of the trial court.

2. if it was suit for specific performance and delivery if possession of property then file execution case in the lower court so that the decree would be implemented in letter and spirit.

3. Since there is no order of stay in operation by the high court, you can  proceed with the execution case.

4. i wonder why your advocate there did not advise this till now. 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

You have paid said amount in protest 

 

you can file consent terms in HC in pending appeal that since amount has been paid to development authority appeal be dismissed 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

You can mention same before the high court and the receipt can be produced before the court and can seek a final hearing date to decide the matter on merits. 

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Receipt of deposit can be produced before court, court can take that on record.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

The court will look upon the merits of the case it wont dispose same based on your application generally. 

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

You should file a copy of the document in court where the payment under protest made to the the development authority can be proved, but the the court would not consider any such application and would try the case as per the set procedure only.

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

It's completely clear from your query that the payment has been made to the development authority and not the court 

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

The chances of your application being allowed are less.

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

Why have you deposited when have won the case , now court can impose cost on you that even after getting relief from court you accepted the recovery imposed on you and wasted court time by filling case.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

yes you have done the right course. it will be dismissed on merits

Prashant Nayak
Advocate, Mumbai
12902 Answers
23 Consultations

4.6 on 5.0

Since the appeal has been restored by the high court, you may closely watch the hearing date or the listing date and file a memo about this deposit also before you file your counter to the appeal and in the counter to the appeal you may state the grounds and the strong reasons and your objection to the appeal and get the case dismissed ion merits.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

you may file a memo along with the photo copy of the payment deposit made with the development authority before the high court in the said appeal to register the same or you can add the same in your counter to the appeal accordingly.

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

Yes, you can present your argument on that line especially when the development authority side pleads that the respondent had not made any payment, the documentary evidence of the photo copy of the deposit may also be produced before the appellate court.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

Move a additional affidavit before the Hon'ble High Court praying that you have paid all the pending dues amounting to Rs.311000/- which was claimed by the DA and now there remains no issue so the case be decided accordingly, automatically the court will issue summons to them for status.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

Yes the amount deposited by you can be brought before court through separate application.  However the case shall be decided on merit but you can file application for speedy disposal. 

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

Not rated

Dear client 

I don't understand if you have filed the recovery suit for 311000/- rs and you have won the case both in lower court and session court then why have you deposited the amount with development authority. Who gave you the advise for depositing the money if you have already won the case. 

Mohit Kapoor
Advocate, Rohtak
3564 Answers
1 Consultation

5.0 on 5.0

Yes you can file an application for dismissal iof the appeal 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Share the copy of entire documents for a more concrete advise 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

If you have already paid the disputed some and did not wish to take it back ones the matter is decided on merits, I think no cause survives in your matter; and thus you should get your case dismissed as non infructuous. 

If you have no intention of getting back your money, your case is infructuous. 

Vibhanshu Srivastava
Advocate, New Delhi
8567 Answers
134 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that despite of winning the case you have already deposited the disputed amount with the authority.
  2. Yes, you should move an application before the court of law stating that you have already given the money and now want this case to be ended, but not surely stretched further.
  3. Though you can give submissions orally also, but would be good if move an application for the said purpose along with the copy of any receipt, if received by the authority.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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