Central Warehousing Corporation Vs M/S Deen Dayal — Delhi HC (2025) — LawSathi Research

Central Warehousing Corporation Vs M/S Deen Dayal — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of Rs. 10,16,396/- (deposited with the Registrar General on 04.07.2024 pursuant to this court's order dated 29.05.2024) in favour of the appellant, through its representative in the presence of counsel, with accrued interest, by following the rules as are contemplated.

Issue for consideration

Whether the appellant, having succeeded in the appeal, is entitled to release of the amount of Rs. 10,16,396/- deposited pursuant to the order dated 29.05.2024, along with the accrued interest thereon.

Court's answer

The appellant having deposited the amount and having succeeded in the appeal (which stands allowed, with the impugned order dated 07.02.2024 and the arbitral award dated 01.02.2023 set aside), it shall be entitled to the refund of the amount deposited in terms of the order passed by this court on 29.05.2024.

Ratio / Principle

The Registry is directed to release the deposited amount in favour of the appellant, through its representative in the presence of the counsel, with accrued interest, by following the rules as are contemplated; the application is disposed of.

Detailed headnote1 paragraphs

Delhi High Court (V. Kameswar Rao and Mini Pushkarna, JJ.), by order dated 05.12.2025 in CM APPL. 76670/2025 (for release of amount) arising out of FAO (COMM) 107/2024 (Central Warehousing Corporation v. M/s Deen Dayal), disposed of the appellant's application seeking release of Rs. 10,16,396/- deposited with the Registrar General on 04.07.2024 pursuant to this court's order dated 29.05.2024, under which, while issuing notice, the operation of the arbitral award had been stayed to the extent of the amounts awarded against Claim 1 and Claim 2, subject to such deposit. Observing that the appeal filed by the appellant has been allowed — the impugned order dated 07.02.2024 of the learned District Judge (Commercial Court)-04, South, Saket Courts, New Delhi, and so also the arbitral award dated 01.02.2023, having been set aside — the court held that the appellant, having deposited the amount and succeeded, is entitled to its refund, and directed the Registry to release the deposited amount to the appellant, through its representative in the presence of counsel, with accrued interest, by following the rules as are contemplated.

$~17

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO (COMM) 107/2024 CENTRAL WAREHOUSING CORPORATION

.....Appellant Through: Mr. Prabhas Bajaj and Mr. Harsh Chauha, Advs.

versus

M/S DEEN DAYAL

.....Respondent Through: Mr. Ranjeev Kumar, Adv.

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON’BLE MS. JUSTICE MINI PUSHKARNA

O R D E R % 05.12.2025 CM APPL. 76670/2025 (for release of amount)

This is an application filed by the appellant with the following prayers:

“a. Allow the present Application and direct the Registry of this Hon’ble Court to release the amount of Rs. 10,16,396/(Rupees Ten Lakhs, Sixteen Thousand, Three Hundred & Ninety Six Only) deposited by the Appellant pursuant to the order dt. 29.05.2024, along with the interest accrued thereon, to the Appellant herein;

b. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

The appeal filed by the appellant has been allowed. Our attention has been drawn to paragraph 3 of this application, wherein reference has been made to an order dated 29.05.2024 passed by this court, wherein this court

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 19/12/2025 at 13:28:20

while issuing notice had stayed the operation of the arbitral award to the extent of the amounts awarded against Claim 1 and 2 subject to the appellant depositing the awarded amount against the said claims in the Registry. The paragraph 4 of the application reveals that an amount of Rs.10,16,396/- has been deposited with the Registrar General of this court on 04.07.2024. As the appellant has succeeded in the appeal, the impugned order dated 07.02.2024 passed by the court of learned District Judge (Commercial Court)-04, South, Saket Courts, New Delhi has been set aside. So also the award dated 01.02.2023. The appellant having deposited the amount and having succeeded, shall be entitled to the refund of the amount as was deposited in terms of order passed by this court on 29.05.2024.

Accordingly, the Registry is directed to release the amount deposited in favour of the appellant, through its representative in the presence of the counsel with accrued interest, by following the rules as are contemplated. 4. Application is disposed of.

V. KAMESWAR RAO, J

MINI PUSHKARNA, J

DECEMBER 5, 2025 dd

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 19/12/2025 at 13:28:20