The bench of Justices MR Shah and S. Ravindra Bhat issued important guidelines to all the courts/tribunals/commissions/ judicial forums to frame guidelines to ensure that the money deposited by the parties with the office or with the registry of the courts of tribunals to deposit in a bank or financial institution mandatorily.
These guidelines have been issued by the Supreme Court so that the parties do not face future losses of interest on the amount deposited before the court/tribunals.
The Court in its judgment dated 31.01.2023 held that "Before parting with this case, this court is of the opinion that all courts and judicial forums should frame guidelines in cases where amounts are deposited with the office / registry of the court / tribunal, that such amounts should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future. Such guidelines should also cover situations where the concerned litigant merely files the instrument (Pay Order, Demand Draft, Banker’s Cheque, etc.) without seeking any order, so as to avoid situations like the present case. These guidelines should be embodied in the form of appropriate rules, or regulations of each court, tribunal, commission, authority, agency, etc. exercising adjudicatory power.
Case details:-
CIVIL APPEAL NO(S). 1401 OF 2019
K. L. SUNEJA & ANR. …APPELLANT(S)
VERSUS
DR. (MRS.) MANJEET KAUR MONGA (D)
THROUGH HER LR & ANR. …RESPONDENT(S)
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Appearance of the Advocates:-
For Appellant(s)
Mr. Aditya Parolia, Adv.
Mr. Piyush Singh, Adv.
Mr. Akshay Srivastava, Adv.
Ms. Priya, Adv.
Ms. Priyal Srawangi, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Gaurav Goel, AOR
Ms. Meenakshi Arora, Sr. Adv.
Mr. Mohit Paul, AOR
Ms. Rangoli Seth, Adv.
Ms. Muskan Nagpal, Adv.
For Respondent(s)
Mr. Aditya Parolia, Adv.
Mr. Piyush Singh, Adv.
Mr. Akshay Srivastava, Adv.
Ms. Priya, Adv.
Ms. Priyal Srawangi, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Gaurav Goel, AOR
C.A. No. 1401/2019 & Anr.
Mr. Zahad Hussain, Adv.
Mr. Chanchal Kumar Ganguli, AOR
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