H.P.Housing Urban Devlopment Authority Vs Ms Kapil Construction — Himachal Pradesh HC (2026) — LawSathi Research

H.P.Housing Urban Devlopment Authority Vs Ms Kapil Construction — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both OMP No.1466 of 2025 and CARBC No.13 of 2026 disposed of on the parties' amicable compromise: Rs.9,37,687 ordered released in favour of respondent as full and final settlement, out of the petitioner's deposit of Rs.11,50,553 lying in fixed deposit with accrued interest; remaining amount with up-to-date interest to be remitted to the petitioner's bank account (details to be furnished by its counsel within one week); award passed by the learned Arbitrator deemed satisfied; no claim of either party to survive; pending applications disposed of.

Issue for consideration

Whether the parties may be permitted to settle their dispute amicably in terms of the compromise recorded through application OMP No.1466 of 2025, and the application disposed of accordingly. +2 more

Court's answer

Factum of compromise is taken on record and the parties to the lis are permitted to settle their dispute amicably in terms of the compromise recorded in the application; the application (OMP No.1466 of 2025) stands disposed of.

Ratio / Principle

Present petition (CARBC No.13 of 2026) is disposed of and the sum of Rs.9,37,687 is ordered to be released in favour of the respondent.

Key takeaways

Remaining amount along with up-to-date interest is ordered to be released in favour of the petitioner by remitting the same into its bank account, the details whereof are to be furnished by its counsel within one week.ratio¶17
In view of the aforesaid settlement, the award passed by the learned Arbitrator is deemed satisfied, and thereafter no claim of either of the parties shall survive or sustain in any manner.ratio¶19
Pending application(s), if any, also stand disposed of.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Sandeep Sharma, Judge, oral), decision dated 04.05.2026: CARBC No.13 of 2026, H.P. Housing & Urban Development Authority (petitioner) v. M/s Kapil Construction (respondent), disposed of along with application OMP No.1466 of 2025 on an amicable compromise recorded by affidavit. Respondent agreed to receive Rs.9,37,687 as full and final settlement, payable out of the petitioner's Court deposit of Rs.11,50,553 lying in fixed deposit together with accrued interest; the Court ordered release of that sum to the respondent and directed that the remaining amount with up-to-date interest be remitted to the petitioner's bank account, account details to be furnished by its counsel within one week. The award passed by the learned Arbitrator was deemed satisfied and it was held that thereafter no claim of either of the parties shall survive or sustain in any manner; pending applications were likewise disposed of. Counsel: Bhupender Gupta, Sr. Adv., with Janesh Gupta, Adv., for petitioner; J.S. Bhogal, Sr. Adv., with T.S. Bhogal, Adv., for respondent.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CARBC No.13 of 2026

Date of Decision: 04.05.2026

__________________________________________________________ H.P. Housing & Urban Development Authority …….Petitioner Versus M/s Kapil Construction ….Respondent _________________________________________________________ Coram:_ Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner : Mr. Bhupender Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate. For the Respondent : Ms. J.S. Bhogal, Senior Advocate, with Mr. T.S. Bhogal, Advocate, for the respondent.

Sandeep Sharma, Judge (oral) :

OMP No.1466 of 2025

By way of instant application, factum of compromise arrived

inter se parties has been placed on record. Averments contained in the application, which is duly supported by way of affidavit, reveals that parties to the lis have decided to settle the matter amicably whereby respondent has agreed to receive sum of 9,37,687/- as full and final₹ settlement of the claim. It has also been agreed between the parties that after receiving a sum of 9,37,687/-, the Award passed by the learned₹ Arbitrator shall stand satisfied and respondent shall not claim any

amount over and above the said amount.

1 Whether the reporters of the local papers may be allowed to see the judgment?

2

Petitioner has deposited sum of 11,50,553/- in this Court,₹

which is lying in fixed deposit. Out of the said amount and the interest accrued thereupon till date, sum of 9,37,687/- can be ordered to be₹ released in favour of respondent, as has been fairly stated by learned counsel respondent, on instructions from the respondent-Mr. Abhishek Bansal, and remaining amount along with interest is to be released to the petitioner/applicant.

Factum of compromise, as detailed hereinabove, is taken on record and parties to the lis are permitted to settle their dispute amicably in terms of compromise, as detailed in the application. Application stands disposed of.

CARBC No.13 of 2026

Learned counsel representing the parties fairly stated that on account of amicable settlement arrived inter se them, as detailed in earlier part of the order, nothing remains to be adjudicated in the instant proceedings and the same can be disposed of.

In view of the above, present petition is disposed of and sum of 9,37,687/- is ordered to be released in favour of respondent and₹ remaining amount along with up to date interest is ordered to be released in favour of petitioner by remitting the same in its bank account, details whereof shall be furnished by its counsel within a period of one week. It is further ordered that in view of aforesaid settlement, award

3

passed by the learned Arbitrator is deemed to be satisfied and thereafter

no claim of either of the parties shall survive/sustain in any manner.

Pending application(s), if any, shall also stand disposed of.

(Sandeep Sharma), Judge

May 04, 2026 (Rajeev Raturi)