Extracted from the PDF above. The PDF is authoritative.
OIC Ltd. vs. Arvind Kumar & Ors. FAO No.220 of 2024 31.03.2026 Present: Mr. Ishan Sharma, Advocate, for the appellant. Mr. Umesh Kanwar, Advocate, for respondent No.1. Respondents No.2 & 3, already ex parte. CMP No.2727 of 2026 The instant application has been filed on behalf of applicant/respondent No.1, Arvind Kumar, for release of 50% of awarded amount in his favour, as lying deposited in the Registry of this Court. As per the applicant, he is in dire need of money due to damage caused to his house and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, his prayer for release of amount of compensation, as lying deposited in the Registry of this Court may be accepted and the amount, as prayed for, may be ordered to be released in his favour. Learned counsel for the non-applicant/appellant, submits that he does not intend to file any reply to the application, but has opposed the application on the ground that if the amount, as prayed, is released in favour of the applicant/respondent No.1, it would be difficult for him to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. . Heard. Having perused the averments made in the application, which are duly supported with the affidavit of
applicant/respondent No.1, Arvind Kumar and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 20% of the awarded amount of compensation in favour of applicant/respondent No.1, Arvind Kumar, after proper verification and identification by remitting the same to his saving bank account, detail whereof has been given in Para-4 of the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicant/respondent No.1, Arvind Kumar, will have to refund the amount, so released, with interest. Application stands disposed of.
( Sushil Kukreja ) Judge March 31, 2026 (reena)