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
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.
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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
We have deposited the money in Development Authority and not in court
In event you succeed and appeal is dismissed you would get refund of your money from development authority
we have already deposited the disputed amount with the Development Authority although we have already won the case in lower court. The development authority has filed the case for same amount. So can we filed an application in the High Court that we have already deposited the disputed amount and request the court to dismiss the case. Is it possible
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.
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
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.
The court will look upon the merits of the case it wont dispose same based on your application generally.
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.
It's completely clear from your query that the payment has been made to the development authority and not the court
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.
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.
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.
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.
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.
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.
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.
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.