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The Bhajanpura Cooperative Urban ... vs Sushil Kumar on 15 December, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~1
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.A. 397/2015 &CRL.M.A. 16023/2014
                                 THE BHAJANPURA COOPERATIVE URBAN THRIFT &
                                 CREDIT SOCIETY LTD.                            ..... Appellant
                                                 Through: Mr. Rajeshwar Kumar Gupta,
                                                           Advocate via video conferencing.

                                                    versus
                                 SUSHIL KUMAR                                       ..... Respondent
                                                    Through:     Respondent in-person alongwith wife
                                                                      Rekha @ Rekha Vajpaee.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 15.12.2022 CRL.M.A. 20228/2022 Smt. Rekha @ Rekha Vajpaee, the wife of the respondent, submits that she has moved the present application seeking release of FDR No. 029226 for Rs.10,000/- which she had filed as 'surety' for the respondent, her husband.

2. Issue notice.

3. Mr. Rajeshwar Kumar Gupta, learned counsel who has joined via video conferencing for the appellant by reason of being indisposed; accepts notice; and submits that since the amounts due from the respondent have been paid to the appellant, the appellant has no objection to the FDR being returned to the surety.

4. Accordingly, the application is allowed; and FDR No. 029226 for Rs.10,000/- deposited in court in this matter is directed to be returned to the applicant, Rekha alias Rekha Vajpaee, upon verification of her credentials.

5. The applicant/surety is directed to approach the Registrar (Appellate) for the purpose.

6. Let the needful be done within 02 weeks.

7. Application stands disposed of.

8. Mr. Gupta submits that he has instructions to withdraw the present appeal, since the amount in question stands paid.

9. Accordingly, the appeal is disposed of as withdrawn.

10. Pending applications, if any, stand disposed of.

ANUP JAIRAM BHAMBHANI, J DECEMBER 15, 2022 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:21.12.2022 CRL.A. 397/2015 Page 2 of 2 12:02:26