Allowed

M/S Rudraksh Fab Pvt. Ltd. v. Smt. Kunti (Represented through Union) and Ors.

Delhi HC9 Jan 2024W.P.(C)/7285/2023

Case brief

AI extract

What is this about?

This single-bench order allowed a CM application filed under Section 151 CPC by parties seeking release of a Fixed Deposit Receipt deposited with the Registrar General. Relying on a subsequent settlement agreement and lack of objection from respondents, the court directed the release of Rs. 3,53,688 to the petitioner. Concurrently, the main W.P.(C) was dismissed as settled.

What did the court decide?

The FDR no. 011918 dated 26.05.2023 for Rs. 3,53,688 was directed to be released in favour of the petitioner subject to document verification.

M/S Rudraksh Fab Pvt. Ltd. Vs Smt. Kunti… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~89

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 7285/2023

¶4

M/S RUDRAKSH FAB PVT. LTD. ..... Petitioner

¶5

Through: Mr. Navlendu Kumar and Mr. Anupam Kumar, Advocates

¶6

versus

¶7

SMT. KUNTI (REPRESENTED THROUGH UNION) AND ORS

¶8

..... Respondents Through: Mr. Abhishek Rawat, Advocate Mr. Anurag Nasiar, Advocate for R-6

¶9

CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

¶10

O R D E R

¶11

% 09.01.2024 CM APPL. 1375/2024 (Seeking direction to release the amount)

¶12

The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed jointly by the parties seeking the following reliefs:

¶13

“i) Pass an order whereby release the F.D.R no 011918 alongwith accrued interest thereon, dtd. 26.05.2023, issued by Axis Bank, in the name of Registrar General, High Court of Delhi, in pursuant to order dtd. 25.05.2023 passed by this Hon'ble court, in favour of petitioner here; ii) Pass any other direction (s)/writ(s)/orders as deemed fit and proper as per the facts and circumstances of the case as the same is very necessary in the interest and furtherance of justice.”

¶14

It is informed on behalf of the parties that the matter has already been

¶15

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 07/05/2024 at 14:34:29

¶16

amicably settled between the parties vide settlement agreement dated 21^st December, 2023 at Rouse Avenue District Court Mediation Centre and the same is appended with the instant application. It is also submitted that vide order dated 25^th May, 2023, the petitioner was directed to deposit the differential amount in three days which was duly complied with by the petitioner and accordingly vide order dated 30^th March, 2023, the impugned orders were stayed.

¶17

Learned counsel for the petitioner submitted that the petitioner has abided by the terms of the settlement dated 21^st December, 2023, thus, the differential amount of Rs. 3,53,688/- deposited in the form of FDR no. 011918 dated 26^th May, 2023 issued by Axis Bank before the Registrar General of this Court may be released in favour of the petitioner.

¶18

The respondents herein are present before this Court and submitted that they have amicably settled the matter with the petitioner and have no objection if the amount of Rs. 3,53,688/- be released in favour of the petitioner.

¶19

Learned counsel appearing on behalf of the parties submitted that the parties shall remain bound by the terms of the settlement.

¶20

Heard learned counsel for the parties and perused the contents made in the application as well as the settlement agreement dated 21^st December, 2023.

¶21

For the sufficient cause being shown in the application and no objection on behalf of the respondents appearing in person before this Court, the application is allowed.

¶22

The Registrar General of this Court is, accordingly, directed to release the amount of Rs. 3,53,688/-,deposited in the form of FDR no. 011918 dated

¶23

This is a digitally signed order.

¶24

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 07/05/2024 at 14:34:29

¶25

26^th May, 2023 issued by Axis Bank, in favour of the petitioner subject to verification of the documents of the petitioner.

¶26

In view of the aforesaid terms, the application stands disposed

¶27

of.

¶28

W.P.(C) 7285/2023

¶29

In view of the order passed on the even date in CM APPL. 1375/2024 and as the matter is amicably settled between the parties vide Settlement Agreement dated 21^st December, 2023, nothing is left for further adjudication in the instant petition.

¶30

Accordingly, the instant petition stands disposed of in terms of the Settlement Agreement dated 21^st December, 2023.

¶31

Pending applications, if any, also stand disposed of.

¶32

Date already fixed i.e. 28^th March, 2024 stands cancelled.

¶33

CHANDRA DHARI SINGH, J

¶34

JANUARY 9, 2024 gs/ryp

¶35

Click here to check corrigendum, if any

¶36

This is a digitally signed order.

¶37

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 07/05/2024 at 14:34:29

M/S Rudraksh Fab Pvt. Ltd. v. Smt. Kunti (Represented through Union) and Ors.

Case brief

What is this about?

What did the court decide?

M/S Rudraksh Fab Pvt. Ltd. v. Smt. Kunti (Represented through Union) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Keshav Dutt Upreti Vs Union of India & Ors.

Mohan Singh Bisht Vs Union of India & Ors.

Lalit Mohan Kabdwal Vs Union of India through Its Secretary & Ors.

Bhagat Ram Bhardwaj Vs Union of India through Its Secretary & Ors.

Bundu Shah Vs the Transport Department Enforcement Branch

Government of NCT of Delhi and Ors. Vs Ms Julie

No 948664S Sergeant Kundan Vs Union of India and Ors.

969623L Sgt Bajinder Singh Vs Union of India and Ors.

Syndicate Bank Vs Pawan Kumar

M/S Indcon Projects and Equipment Ltd. Vs Mr. Rahul Rauthan and Anr.

Army Wives Welfare Association Women Hostel and Vocational Institute Vs Smt. Sushma Gautam

Ms Rudraksh Fab Pvt. Ltd. Vs Smt Kunti and Ors.

M/S Rudraksh Pvt. Ltd. Vs Smt Kunti and Ors.

Color Magix Vs Govt of NCT of Delhi & Ors.