Manipur High Court
Jesse Kamei vs State Of Manipur; & Ors on 11 January, 2021
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
Item No. 6
(Video Conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (C) No. 524 of 2020
Jesse Kamei
....... Petitioners
- Versus -
State of Manipur; & Ors.
...... Respondents
BEFORE HON'BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR 11.01.2021 [1] Today, when the matter was taken up, Ms. Ayangleima, learned counsel appearing for the petitioner wanted the case to be dismissed as infructuous. The previous order dated 23.12.2020 reads as follows :-
[1] Heard Ms. Y.Ayangleima, learned counsel for the petitioner as well as Mr. S.Niranjan, learned Government Advocate for the respondents.
[2] Respondent's counsel, Mr.S.Niranjan, learned GA is not able to provide proper details of discharge of Earnest Money Deposit to the petitioner and time was granted to the counsel in the morning. The Court also took up the matter in the afternoon till 2.40 pm but the learned GA is unable to produce proper material to show that the EMD is discharged. Respondents' counsel Mr.S.Niranjan has made this submission based on an oral instructions. Respondents have not filed it in the form of affidavit to show that the case has become infructuous. In that situation, Court is unable to pass any order.
[3] At the request of the learned counsel for the respondents, list again on 11.01.2021. Respondents are permitted to file proof of discharge of Earnest Money Deposit along with necessary paper in the form of affidavit by 11.01.2021. Earlier Interim order dated 13.10.2020 is extended till 11.01.2021."
[2] Today, she states that the writ petitioner has already encashed the earnest money deposit prior to 23.12.2020. Therefore, the writ petition has become infructuous.
Page 1 [3] It is unfortunate that the writ petitioner has failed to inform the counsel that he has received the earnest money deposit and the case has become infructuous. The case is unnecessarily adjourned for want of proper instruction by the petitioner to the counsel. This unnecessary listing can be avoided if the petitioner had informed the counsel that he has received the earnest money deposit and the case has become infructuous even before 23.12.2020. Such conduct is deprecated. Counsel and the party should be aware that despite restrictions due to covid-19 pandemic, cases are listed at the request of parties to render justice.
[4] Ms. Ayangleima, learned counsel for the petitioner tenders apology on behalf of the petitioner for failing to report that the case has become infructuous earlier to 23.12.2020 and seeks short time to report with proper instruction.
At the request, list the matter on 14.01.2021 to report with proper instruction.
CHIEF JUSTICE
Sandeep
Yumk Digitally signed
by Yumkham
ham Rother
Date:
2021.01.12
Rother 15:13:06 +05'30'
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