Santi Saha v. Rajesh Kumar Modak And ANR

HIGH COURT OF TRIPURA AGARTALA IA No.1 of 2018 In MFA(EC) No.25 of 2009 (D/O) Sri Shanti Saha ----Applicant(s)

Versus

Rajesh Kumar Modak and Anr.

----Respondent(s) For Applicant(s) :

Mr. Alik Das, Adv.

For Respondent(s) :

Mr. P. Gauta, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA Order 11/10/2018 Heard Mr. A. Das, learned counsel appearing for the applicant in presence of Mr. P. Gautam, learned counsel appearing for the respondent No.2.

Mr. Gautam, learned counsel at the outset has submitted that the respondent does not have any stake in the prayer as made by the applicant. In para-3 of this application it is averred that the name of the applicant has appeared differently in various documents. For example, in his driving license his name has been shown as Shanti Saha whereas in Pan card and Adhar card his name has been shown as Shanti Lal Saha. This has created a bit of confusion. In order to remove that confusion, this application has been filed supported by an affidavit as well as with the relevant documents.

On perusal of the documents along with this application, this court is of the view that Shanti Saha, son of late Suklal Saha, resident of Madhya Laxmibill, P.S. Bishalgarh, District: West Tripura, now Sepahijala district and Shanti Lal Saha, son of late Suklal Saha, resident of Madhya Laxmibill, P.S. Bishalgarh, District: West Tripura, now Sepahijala district is the same and identical person as such the Registry is directed to disburse the money to Shanti Saha @ Shanti Lal Saha without raising any question in respect of the identity. However, the money shall be transferred following the due process.

In terms of the above, this petition stands allowed and disposed of.

JUDGE Moumita