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2025 DAILYLAW 1495 (TRI)

Sri Swarup Saha v. Smt. Maya Rani Nath and ors

CRP/114/2024 · 2025-01-22

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA CRP No.114 of 2024 Sri Swarup Saha .........Petitioner(s); Versus Smt. Maya Rani Nath & others .........Respondent(s). For Petitioner(s) : Mr. Alik Das, Advocate. For Respondent(s) : None. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 22/01/2025 Reference is made to the order dated 18.12.2024 which is extracted hereunder: “Mr. Alik Das, learned counsel for the petitioner submits that the petitioner i.e. the judgment-debtor, pursuant to the award dated 16.03.2020 passed in T.S.(MAC) No.44 of 2014 has not been able to pay any amount out of the awarded amount of Rs.6,78,000/- along with interest as he does not have any assets or sources of income. By the impugned order dated 06.11.2024, the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharmanagar in Civil Misc. (Execution) No.05 of 2021 has passed orders upon the Superintendent of Dharmanagar Sub-Jail to submit a report on the subsistence allowance for a period one month for his arrest and detention in civil prison. Therefore, he has approached this Court. During course of submission, learned counsel for the petitioner was asked specifically as to whether petitioner is in a position to pay at least 50% of the awarded amount along with interest till date so that his bona- fides can be assessed. For this purpose, he seeks 2(two) weeks' time. Accordingly, time, as prayed for, is allowed. Matter is adjourned to be listed on 8th January, 2025.” Despite sufficient time granted thereafter, petitioner has not filed any affidavit conveying his readiness to at least make part payment of the awarded amount in favour of the claimant. After some arguments, therefore, learned counsel for the petitioner Mr. Alik Das seeks permission to withdraw this petition. Accordingly, the instant petition is dismissed as withdrawn. (APARESH KUMAR SINGH), CJ Pijush/ DIPESH DEB Digitally signed by DIPESH DEB Date: 2025.01.24 16:32:39 +05'30'