Hamdard Public School Thr Its Principal Vs Augustine Mj & Ors. — Delhi HC (2025) — LawSathi Research

Hamdard Public School Thr Its Principal Vs Augustine Mj & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Registry directed to release to Respondent 1 the amount deposited by the appellant-School pursuant to order dated 8 July 2024, with accrued interest; the dispute between the appellant and Respondent 1 stands ended with no surviving mutual claims; order is without prejudice to the appellant's rights and contentions in the appeal; application and LPA disposed of and the date fixed cancelled.

Issue for consideration

Whether Respondent 1 should be permitted to withdraw, from the Registry, the amount deposited by the appellant-School pursuant to order dated 8 July 2024, on consent, so as to finally settle the appeal between the appellant and Respondent 1.

Court's answer

The Registry is directed to release to Respondent 1 the amount deposited by the appellant pursuant to order dated 8 July 2024, along with any interest accrued thereon.

Ratio / Principle

The release brings to an end the dispute between the appellant and Respondent 1, and neither side would have any claim against the other hereafter.

Key takeaways

The order is passed without prejudice to the rights and contentions of the appellant in the present appeal and does not amount to any expression of opinion on their merits; it rests on the appellant's consent given Respondent 1's superannuation.ratio¶19
The application (CM APPL. 13834/2025) as well as the LPA stand disposed of in the aforesaid terms.ratio¶20
The date already fixed in the matter stands cancelled.ratio

Detailed headnote1 paragraphs

High Court of Delhi (LPA 554/2024 & CM APPL. 13834/2025, oral order dated 07.03.2025; C. Hari Shankar and Ajay Digpaul, JJ.) - On Respondent 1's application (CM APPL. 75536/2024) and with the consent of the appellant-School, noting that Respondent 1 had already superannuated, the Court directed the Registry to release to Respondent 1 the amount deposited by the School pursuant to order dated 8 July 2024, together with any accrued interest. The release was held to bring to an end the dispute between the School and Respondent 1, with neither side retaining any claim against the other. The order was expressly without prejudice to the School's rights and contentions in the pending appeal and expressed no opinion on their merits. The application and the LPA were disposed of accordingly and the date fixed stood cancelled. No statutory provision or precedent was considered and no point of law was decided.

$~10

IN THE HIGH COURT OF DELHI AT NEW DELHI

- LPA 554/2024 & CM APPL. 13834/2025

HAMDARD PUBLIC SCHOOL THR ITS PRINCIPAL .....Appellant Through: Mr. Rahul Gupta and Mr. Raghwendra Pratap Rao, Advs.

versus

AUGUSTINE MJ & ORS. .....Respondents Through: Ms. Renu, Ms. Arpita Singh and Ms. Shivani Verma, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

ORDER (ORAL) % 07.03.2025

C. HARI SHANKAR, J.

CM APPL. 13834/2025 & LPA 554/2024

1. CM APPL. 75536/2024 has been moved by Respondent 1 for permission to withdraw, from the Registry of this Court, the amount deposited by the appellant-School pursuant to order dated 8 July 2024.

2. Mr. Gupta, who appears for the School, submits that, solely with respect to this appellant, as he has retired, and without prejudice to his rights and contentions against others, who may have challenged similar orders passed by the learned Single Judge, the School is willing to finally settle this appeal by permitting withdrawal, by Respondent 1, of the amount deposited by the appellant with the Registry of this Court.

Signature Not Verified

Digitally Signed By:AJITLPA 554/2024 KUMAR Signing Da te:1 0.03.2025 17:11:04

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3. Ms. Renu, who appears for Respondent 1 is also agreeable to the said proposal.

4. Accordingly, the Registry is directed to release, to Respondent 1, the amount deposited by the appellant with the Registry of this Court pursuant to order dated 8 July 2024 along with any interest which may have accrued thereon. It is made clear that this release shall bring to an end the dispute between the appellant and Respondent 1 and neither side would have any claim against the other hereafter.

5. It is also made clear that this order is passed without prejudice to the rights and contentions of the appellant in the present appeal and shall not amount to any expression of opinion on the merits of the said contentions. It is being passed in the peculiar circumstances of the case as the appellant has consented to the passing of the order given the fact that Respondent 1 had already superannuated.

6. Accordingly, the application as well as the LPA shall stand disposed of in the aforesaid terms.

7. The date already fixed stands cancelled.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

MARCH 7, 2025 /aky

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Signature Not Verified

Digitally Signed By:AJITLPA 554/2024 KUMAR Signing Da te:1 0.03.2025 17:11:04

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