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High Court of Himachal Pradesh · body

2025 DAILYLAW 16341 (HP)

RAJ SHARMA v. ARUN BALA ARORA

CMP/13335/2025 · 2025-06-23

Satyen Vaidya

body2025

Judgment text

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Raj Sharma vs. Arun Bala Arora CMPMO No. 127 of 2008 23.06.2025 Present: None for the petitioner. Mr. Janesh Gupta, Advocate, for the respondent/ applicant. CMP No. 13335 of 2025. Application is disposed of by allowing the applicant to place on record copy of award passed by the Lok Adalat. CMP No. 883 of 2024 By way of this application, the applicant/respondent has sought release of the amount deposited by the non-applicant/petitioner in the Registry of this Court. It is averred in the application that the petition filed by the petitioner before this Court under Article 227 of the Constitution of India was decided on 01.04.2021 and the ap- plication of the petitioner/non-applicant for setting aside the ex-parte order was allowed. The parties were relegated to the learned trial Court for adjudication of their respective rights. During the pendency of the petition before this Court an interim order was passed by this Court on 26.11.2008 in CMP No. 330 of 2008 whereby the execution proceedings pending before the executing Court were stayed subject to the petitioner/non-applicant depositing the use and occupa- tion charges @18000/- per month in the Registry of this Court. In compliance to the aforesaid order a sum of Rs1,79,269/- is reported to be lying in deposit in the Registry of this Court. This Court sees no impediment in granting the prayer to the applicant/respondent subject to furnishing a se- curity bond to the extent of the amount ordered to be re- leased in favour of the applicant/respondent, more particu- larly when the lis inter se the parties is stated to have come to an end. Accordingly, the instant application is allowed. A sum of Rs.1,79,269/- lying in deposit in the Registry of this Court is ordered to be released in favour of the applicant by remitting the same to the bank account of the applicant as detailed in the application after due verification subject, however, to the applicant/respondent furnishing the security bond in the sum of Rs.1,79,269/- to the satisfaction of the learned Registrar (Judicial) of this Court. Application stands disposed of. ( Satyen Vaidya ) Judge 23rd June, 2025 (jai)