Extracted from the PDF above. The PDF is authoritative.
NICL vs. Smt. Sheela Devi and others
FAO No. 321 of 2016
04.01.2025 Present: Mr. Jagdish Thakur, Advocate, for the appellant/non- applicant.
Mr. Jagan Nath, Advocate vice Mr. H.S. Rangra, Advocate for applicant/respondent No. 3.
CMP No. 25720 of 2024
By way of this application, the applicant has prayed for release of the award amount that has been deposited by the non- applicant/appellant on the ground that his marriage is being solemnized in near future.
Learned Counsel for the applicant has submitted that the marriage of the applicant is fixed for 17th and 18th of January,
2025. He further apprised the Court that as the applicant was minor when the appeal was filed and he attained the age of majority thereafter, therefore, no amount has been released in favour of the applicant till date. Accordingly, he prayed that in these circumstances, the award amount falling to the share of the applicant, with up-to-date interest, be released in his favour.
On the other hand, learned Counsel for the non-applicant/ appellant has seriously opposed the application. He submitted that a perusal of the award would demonstrate that same is perverse and there is each and every possibility that appellant would succeed in the appeal and in such circumstances, it would
be extremely difficult for the appellant to recover the released amount from the applicant.
I have heard learned Counsel for the parties and also gone through the record, which demonstrates that earlier also an amount of Rs.2.00 Lac stands released in terms of order darted 18.09.2017 in favour of respondents No. 1 and 2. Taking into
consideration the fact that the marriage of the applicant, who is respondent No. 3 in the appeal, is to be solemnized in the month of January, 2025, this application is disposed of with the direction that out of the share of the applicant, let an amount of Rs.3.00 Lac be released in favour of the applicant, by remitting the same in his bank account, details whereof are given in the application, subject to the condition that in the event of the appeal being decided against the applicant, he shall have to re- deposit the released amount with the Registry of this Court alongwith such simple rate of interest, which may be prevailing at the time of disposal of the appeal.
(Ajay Mohan Goel)
Judge
January 04, 2025
(narender)