Patna High Court MA No.23 of 2007 (11) dt.04-05-2012 1/2 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.23 of 2007 ====================================================== Mukesh Yadav .... .... Appellant/s Versus Umesh Yadav & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Md.Najmul Hoda Mr. Anamul Haque For the Respondent/s : Mr. Mr. Aminuddin Ahmad Khan Mr. Raj Dular Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11 04-05-2012 The learned counsel for the respondents submitted that in the present case, at the time of filing of the Misc. Appeal, the appellant had deposited Rs.25,000. Subsequently, the Misc. Appeal was dismissed for default. The Misc. Appeal was restored vide order dated 20.04.2009 and the appellant had already deposited the rest Rs.25,000 i.e., Rs.25,000, original deposit + Rs.25,000, subsequent deposit = Rs.50,000 before this court. However, while disposing of the Misc. Appeal on 20.05.2010, this court directed that the statutory amount deposited by the appellant may be transmitted to the court below for payment to the claimants and the appellant was directed to deposit the rest amount of Rs.25,000. Since the said rest Rs.25,000 has already been Patna High Court MA No.23 of 2007 (11) dt.04-05-2012 2/2 deposited before this court, the order should have been to transmit that amount also. From perusal of the restoration application, i.e., MJC application No.2576 of 2008, it appears that by terms of order dated 10.04.2009, it was directed that the restoration application shall be taken up for hearing if the petitioner-appellant deposits the compensation amount in this court on or before 20.04.2009. In compliance of the said order, the appellant has already deposited the rest compensation amount awarded by the court below by Challan No.22 dated 18.04.2009. The said fact has been recorded while allowing the MJC application on 20.04.2009. It appears that at the time of hearing of this Misc. Appeal, this fact was not brought to the notice of the court. In such view of the matter, the office shall transmit the said amount also to the court below for making payment to the claimants as early as possible. Saurabh/- (Mungeshwar Sahoo, J)