Delhi High Court
Rajbir Singh vs Rakesh Kumar & Anr on 25 January, 2023
Neutral Citation Number 2023/DHC/000655
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.01.2023
+ RFA 105/2019
RAJBIR SINGH ..... Appellant
versus
RAKESH KUMAR & ANR. ..... Respondents
Advocates who appeared in this case:
For the Appellant : None.
For the Respondents : Mr. Baldeo Sharan, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 54847/2022 (for early hearing)
1. This is an application filed on behalf of respondent No.1, who
was the decree holder before the learned Trial Court. It is submitted in
the application that this Court vide Order dated 18.10.2019, on the basis
of the compromise arrived at between the appellant and applicant/
respondent No.1, a direction was passed for release of the money, as
deposited by the appellant. In pursuance thereof, the present application
has been filed.
2. Mr. Baldeo Sharan, learned counsel appearing for the applicant/
respondent No.1 has drawn the attention of this Court to the decree sheet
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:34:42
Neutral Citation Number 2023/DHC/000655
dated 24.09.2018 at page 32 of the paper book passed in Suit No.
575925/2016 titled "Rakesh Kumar vs. Rajbir Singh & Anr.", whereby
a sum of Rs. 6 Lakhs along with cost was decreed in favour of
respondent No.1 and against the appellant, to be paid within three
months from the date of the decree sheet.
3. It is submitted by Mr. Sharan, learned counsel that the Cash
Branch of this Court is objecting to release of the monies to respondent
No.1 on the basis that there is another respondent i.e., respondent No.2,
namely, Umelsh @ Babu, who is also a party in the present appeal.
4. Mr. Sharan, learned counsel submits that respondent No.2, was
originally the defendant No.2 and no relief was sought against him by
the respondent No.1 in the suit, as laid before the learned Trial Court.
He further submits that the objection of the Cash Branch of this Court is
irrelevant since the respondent No.1 was the plaintiff and the decree is
in his favour alone.
5. This Court has considered the contents of the application as well
as the arguments urged by the learned counsel and perused the decree
sheet, as enclosed at page 32 of the paper book.
6. Having considered the aforesaid arguments and specially the
decree sheet, this Court is of the considered opinion that the respondent
No.2 has no claim over the amount as deposited before this Court since
respondent No.1 alone was the plaintiff and who was entitled to the
decretal amount along with the interest as accrued till date.
7. It is directed that the amount as deposited by the appellant be
released with accrued interest to the respondent No.1 by the Cash
Branch, upon all formalities being completed and identity being
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:34:42
Neutral Citation Number 2023/DHC/000655
confirmed by the usual methods.
8. The said deposit be released within two weeks from today.
9. Application stands disposed of.
RFA 105/2019
10. In view of the aforesaid, nothing survives in the present appeal.
The appeal stands disposed of in terms of the aforesaid directions.
TUSHAR RAO GEDELA, J .
JANUARY 25, 2023/nd
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:34:42
