Delhi High Court - Orders
M/S Ram Trading Company & Anr vs Dheeraj Kumar Bajaj & Ors on 20 August, 2024
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 1029/2019
M/S RAM TRADING COMPANY & ANR
.....Appellant
Through: Mr.Jaspreet Singh and Ms.Nandini
Singh, Advs.
versus
DHEERAJ KUMAR BAJAJ & ORS
.....Respondent
Through: Mr.Karan Suneja and Ms.Manvi
Khurana, Advs for R-1.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 20.08.2024 CM APPL. 424/2023 (Release of money)
1. Heard learned counsel appearing for the parties.
2. The present application has been filed by respondent no.1/plaintiff seeking release of the amount which came to be deposited by the appellant in terms of the interim order passed by this Court on 03.12.2019.
3. The facts of the case would show that the respondent/plaintiff's suit was decreed against the appellant for recovery of a sum of Rs.10 lakhs along with interest at the rate of 10% per annum from the date of legal notice till the filing of the suit and the interest at the rate of 6% per annum on the sum of Rs.11,16,000/- from the date of filing of the suit till its realisation.
4. While entertaining the appeal, this Court vide order dated 03.12.2019 directed the appellant to deposit a sum of Rs.10 lakhs with the Registrar This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/08/2024 at 05:18:26 General of this Court and the said amount has been directed to be invested in an interest bearing FDR with an automatic renewal clause.
5. Learned counsel appearing for the respondent no.1/plaintiff/applicant submits that respondent no.1 needs the said sum of money for various reasons. According to him, the daughter of respondent no.1 desires to study abroad and that apart, the money is also required for availing various medical treatments.
6. The request for release of the amount is strongly opposed by learned counsel appearing for the appellant who submits that initially, the respondent was not appearing and therefore, the appeal is being delayed on account of the respondent's conduct. He further submits that he has always been ready to argue the appeal on merits and even today, he does not have any objection if the matter is taken up for final hearing. He further submits that no document(s) which may justify the prayer raised in the instant application have been placed on record. According to him, the respondent no.1/plaintiff/applicant has filed the instant application just to get the money which has been bonafidely deposited by the appellant in terms of the order passed by this Court.
7. I have considered the submissions made by learned counsel for the parties and perused the record.
8. The Court takes note of the judgment and decree which has been passed in favour of the respondent no.1/plaintiff/applicant. The impugned judgment and decree was stayed by this Court vide order dated 03.12.2019 i.e., about 5 years ago. However, the appeal could not be taken up for hearing. The question as to who is at fault may not be determined at this stage. The fact remains that the instant case is an appeal of the year 2019 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/08/2024 at 05:18:26 and would also take some more time for its final decision as the appeals of the year 2016 are being taken up for hearing by this Bench at this stage.
9. In view of the averments made in the instant application and also considering the facts and circumstances involved herein, the Court finds it appropriate to direct for release of the deposited amount in favour of the respondent no.1/plaintiff/applicant, on furnishing due security before the Registrar General of this Court.
10. Respondent no.1/plaintiff/applicant shall also furnish an affidavit that in case an adverse order is passed by this Court, he shall undertake to deposit the money back before the Registrar General of this Court.
11. The instant application stands allowed.
RFA 1029/20191. List this matter in the category of 'Regulars´ as per its turn.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 20, 2024/MJ This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/08/2024 at 05:18:26