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2025 DAILYLAW 2148 (HP)

CONTROLLER OF STORES NORTHERN RAILWAYS v. M/S CBM INDUSTRIES PRIVATE LTD AND ANOTHER

CARAP/132/2025 · 2026-01-09

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Controller of Stores v. M/s CBM Indstries Private Ltd. and Anr. CARAP No. 132 of 2025 in CARBC No. 6 of 2018 9.1.2026 Present: Mr. Vir Bahadur Verma, Senior Panel Counsel, for the non-applicant/appellant. Mr. Sunil Mohan Goel, Senior Advocate with Mr. Vibhu Anshuman, Mr. Raman Jamalta, Mr. Vipul Sharma, Mr. Prateek Kumar Advocate, for the applicant/respondent. By way of instant application, prayer has been made by the applicant/respondent for release of award amount lying deposited in the Registry of this Court. Despite there being two opportunities, no reply has been filed to the application by the non-applicant/appellant. Mr. V.B. Verma, learned counsel for the non- applicant/ appellant, states that though he repeatedly informed the department concerned with regard to filing of the application, but he has not received any response and as such, this court may proceed to pass appropriate orders. Mr. Verma, fairly states that till date, no appeal, whatsoever, has been otherwise prepared against the judgment dated 20.11.2025, passed by this Court thereby rejecting the objections filed by the non-applicant/appellant under Section 34 of the Arbitration and Conciliation Act. Since statutory period of 30 days for filing appeal, if any, against the judgment passed by this Court has already expired coupled with the fact that despite repeated opportunity, no reply has been filed by the non-applicant/appellant, this Court is persuaded to consider the request made by the applicant through instant application for release of award amount. Material available clearly reveals that amount, which is sought to be released was due to the applicant in the year 2007, but on account of pendency of the litigation, same could not be released. Arbitrator had passed award dated 5.8.2018, but ultimately, same came to be upheld vide judgment dated 20.11.2025, passed by this Court in CARBC No. 6 of 2018. Though non-applicant/appellant has a remedy of appeal, but despite lapse of statutory period of limitation, no such appeal has been filed, as such, this court sees no impediment in ordering release of award amount, lying deposited in the Registry of this Court in favour of the applicant/respondent, subject to furnishing undertaking within one week that in the event of appeal, if any filed being allowed, by the competent court of law, it shall refund the entire amount with up-to-date interest within one week. Registry is directed to do the needful in terms of afore order by remitting the amount lying deposited in the Registry of this Court into the bank account of the applicant, as detailed in para-6 of the applicant subject to verification by the Accounts Branch. Needless to say, till the time undertaking ordered to be given is not furnished, amount in terms of instant order shall not be released. The application is disposed of. January 9, 2026 (Sandeep Sharma), manjit Judge