Registry directed to release deposited arbitral award amount to respondents via bank accounts as RFA No. 4085 of 2013 has attained finality. Balance amount to remain in FDR.
Registry directed to release deposited award amount to respondents' bank accounts; balance to be invested in FDR.
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General Manager, Northern Railways v. Pardeep Singh
12.1.2023
RFA No. 4085 of 2013 Present Mr. Balram Sharma, Deputy Solicitor General of India, for the appellant.
Mr. Sat Prakash, Advocate, vice Mr. Rohit, Advocate, for respondents Nos. 1 and 2.
Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, for the respondent-State.
CMP No. 15345 of 2022
Pursuant to order dated 13.12.2022 passed in CMP 15345 of 2022, whereby prayer was made on behalf of respondents Nos. 1 and 2 for release of award amount lying deposited in the Registry of this Court, compliance affidavit on behalf of appellant is stated to have been, but the same is not on record. Registry to trace and place the same on record, if in order.
Learned Deputy Solicitor General of India, on the basis of compliance affidavit states that out of total amount of Rs.30,60,412, Rs. 19,61,354/- was deposited with District Court Una in execution Nno. 172/2016 vide DD No. 234097 dated 24.3.2017 and balance amount of Rs.10,99,058/- has been deposited with the Registry of this Court in RFA No. 40 of 2022 vide DD No. 340465 dated 12.10.2022.
Since award amount stands deposited by the appellant, as taken note herein above, prayer made in application deserves to be considered.
Since it is not in dispute that RFA No. 4085 of 2013 filed by appellant stand decided vide judgment dated 1.8.2018 by Co-ordinate Bench in bunch of RFA’s and none of parties has laid challenge to the aforesaid judgment, same has attained finality, as such, there appears to
be no impediment in accepting the prayer made in the application and same is allowed.
Accordingly, Registry is directed to release the award amount in favour of respondents Nos. 1 and 2 strictly as per their shares by remitting the same into their savings bank account(s), details whereof are given in para-2 of the application, subject to verification by the Accounts Branch. Needless to say, remaining amount shall be invested in the FDR(s), till further orders. Application stands disposed of.
(Sandeep Sharma) Judge
January 12, 2023 (vikrant)
General Manager, Northern Railways
Respondents Nos. 1 and 2
State
Sandeep Sharma
As recorded by the court registry
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