Delhi District Court
This Order Of Mine Will Dispose Of ... vs Uoi 1 Of 3 on 5 November, 2016
In the Court of Virender Kumar Goyal,
Additional District Judge01 (East),
Karkardooma Court, Delhi
Ex: 312/16
In the matter of :
Kishan and ors ..... DHs
Versus
UOI ..... JD
O R D E R
1.This order of mine will dispose of application filed U/s 151 CPC by the UOI/JD, seeking directions to the petitioner/DH for depositing the amount or providing security for refund of excess money paid to the petitioner/DH.
2. It is stated in the application that UOI/JD has filed objection and the same are pending disposal and the petitioner/DH has not filed reply to the same. It is stated that UOI/JD has a very good case and petitioner/DH has not filed the reply and it would take time in disposal of the objections. It is further stated that petitioner/DH has already received huge amount and there are possibilities that even after disposal of the objections in favour of UOI/JD, the petitioner/DH may dispose off the money and recovery of the amount may be impossible and prayed for directing the petitioner/DH to deposit the amount received or to provide security for recovery of the amount.
3. Reply to application not filed on behalf of the petitioner/DH.
Ex: 312/2016 Kishan and ors vs UOI 1 Of 3
4. I have heard the ld. counsels for the parties and perused the record.
5. One execution was pending before the court since 2011 and was under the proceeding for payment of the decreetal amount to the DH. However, during the proceedings, objections were filed on a legal issue, to the extent that compensation was payable on a lesser rate of amount, instead of claim of the DH. But, meanwhile, the DH filed an application directly before the LAC, for release of the compensation at the rate, which was objected by UOI.
6. The documents have been placed on record. According to the photocopy of the documents, application had been given on 17.12.2014 to the LAC for the release of compensation, on the ground that DH was suffering from diabetes and is a heart patient. He is having 4 daughters of marriageable age, so, he is in need of money for marriage of his daughters. In the said application it was not disclosed that Execution was already pending before the court. Compensation was released at a higher rate, which has been objected, to the DH, on furnishing bonds. Payment was released by way of cheques dated 29.12.2014.
7. On 16.1.2015 and on 10.03.2015, none appeared on behalf of the DH. So, Court Notice was issued to the DH. However, on 18.3.2015, the Lrs of the DH with counsel Shri Ghanshyam Mishra appeared before the court and disclosed that they have received the compensation out of the court from the office of LAC(East). So, in this manner neither the Ex: 312/2016 Kishan and ors vs UOI 2 Of 3 LAC informed the court about the release of the compensation, nor the Lrs of the DH, so, court notice was issued and in furtherance to the same, it came in the knowledge of the court that the Lrs of the DH directly approached the LAC, without disclosing about the pendency of the case and by concealing the fact of pendency of the Execution petition. Thereafter, the LRs of the DH stopped appearing before the court and again started appearing,when the present application has been filed.
8. In view of above facts and circumstances, the LRs of the DH are guilty of concealing the facts from the court and obtained the compensation from the LAC, without disclosing the pendency of the execution petition and according to the objections filed, they got released the compensation in excess, which was not permissible under law, in view of the objections.
9. Accordingly, the LRs of the DH, whosoever have received the compensation in excess from the LAC are directed to furnish Bank Guarantee for a period of 3 years for the excess amount already received by each of the LRs.
10.In the above said terms, the application filed u/s 151 of CPC filed by the applicants stands disposed of. Announced in the open Court on: 05.11.2016.
( Virender Kumar Goyal )
Additional District Judge01
(East)/KKD/Delhi
Ex: 312/2016 Kishan and ors vs UOI 3 Of 3
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Ex: 312/2016 Kishan and ors vs UOI 4 Of 3