HARSH PAL SINGH AND ORS v. UNION OF INDIA TH CHIEF ENGINEER CONSTRUCTIONS NORTHERN RAILWAYS KASHMIR GATE DELHI AND OTHERS.
AA/1/2020 · 2026-02-03
Sanjay Dhar
body2020
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[ 2020 DAILYLAW 760 (JK) · dailylaw.ai ]
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[ 2020 DAILYLAW 760 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- AA No.01/2020 CM No.5386/2024
Harsh Pal Singh & Ors. …..Petitioner(s)
Through: Mr. Amit Gupta, Sr. Advocate
Vs
Union of India & Ors. .….Respondent(s) Through: Mr. Harshwardhan Gupta, Advocate
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER (03.02.2026)
CM No.5386/2024
1. This is an application filed by the appellants seeking release of the amount stated to have been deposited by the respondents with the Registry of this Court in terms of interim order dated 10.04.2023.
2. Heard and considered.
3. It appears that certain disputes had arisen between the parties which came to be referred to the Arbitral Tribunal. An award came to be passed by the Arbitral Tribunal on 09.01.2018, whereby action of the respondents in terminating the contract of the petitioners was upheld. However, the appellants challenged the said order by taking resort to Section 34 of the Arbitration and Conciliation Act before the District Judge, Samba, who Serial No. 37
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vide judgment dated 28.09.2019, set aside the award of the Arbitral Tribunal and directed release of earnest money, deducted security deposit and performance guarantee in favour of the appellants.
4. The appellants have challenged the order passed by the learned district Judge to the extent of non-grant of interest in his favour but the respondents have not called in question the judgment of the District Judge. Thus, the said judgment to the extent of respondents has attained finality. In this view of the matter, the amount deposited by the respondents in accordance with the judgment of the District Judge can safely be released in favour of the appellants at this stage.
5. Accordingly, the application is allowed and the Registry is
directed to transfer the deposited amount along with interest that may have accrued thereon to the account of the appellants, particulars whereof shall be furnished by the learned counsel for the appellants to the Registry of this Court.
6. Application is disposed of.
AA No.01/2020 At this stage, learned counsel for the appellants has submitted that he does not want to pursue the appeal. His
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statement is taken on record. Accordingly, the appeal is dismissed as withdrawn.
(SANJAY DHAR) JUDGE JAMMU
03.02.2026
Sneha