CMP/2374/2021
2021 Latest Caselaw 2053 HP

CMP No. 2374 of 2021 in FAO No. 191 of 2014

15.3.2021 Present: Mr. Jagdish Thakur, Advocate, for the non-

applicant/appellant.

Mr. Manoj Verma, Advocate for the applicant.

.

By way of instant application filed under Section 151 CPC, prayer has been made on behalf of the applicant for release of

the award amount lying deposited in the Registry of this court. Learned counsel representing the non-applicant fairly states that he does not intend to file reply to the application and shall have no objection in case prayer made in the application is accepted.

Having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit, this Court finds that appeal bearing FAO No.

191 of 2014, having been filed by the non-applicant/appellant, stands

finally decided vide judgment dated 12.10.2020, passed by this Court. Since, no appeal, whatsoever, has been filed against the aforesaid judgment passed by this Court in the superior court of law by either of

the parties, same has attained finality and as such, this court sees no impediment in accepting the prayer having been made by the applicant for release of award amount lying deposited in the Registry

of this Court. Otherwise also, this Court finds that before listing of the application at hand, non-applicant/appellant by way of CMP No. 979

of 2021 had approached this Court for refund of excess amount deposited by it at the time of admission of the appeal. Vide order

dated 1.3.2021, this Court had already ordered for refund of amount deposited in excess by the applicant/appellant.

Consequently, in view of the above, the application is allowed and Registry is directed to release the award amount in favour of the applicant, by remitting the same in his saving bank account strictly as per his share, detail whereof is mentioned in para-6 of the application, subject to verification by the Accounts Branch. Needless to say, Registry while carrying out aforesaid exercise, would take into consideration the judgment dated 12.10.2020, passed by this Court, whereby award passed by the learned court below has been modified. Application stands disposed of.

            15th March, 2021                               (Sandeep Sharma),
               manjit                                            Judge