Kamlesh Kumar vs. Hem Raj & others FAO No.363 of 2024 20.11.2025 Present: Mr. Abhinav Kainthla, Advocate, for the appellant. Mr. Anshul Gandhi, Advocate vice Mr. C.N. Singh, Advocate, for respondent No.1.. None for respondents No.2 & 3. None for proforma respondent No.4. Since none has appeared on behalf of respondents No.2 & 3 as well as proforma respondent No.4, despite repeated calls, they are ordered to be proceeded against ex parte. CMP No.19750 of 2025 The instant application has been filed on behalf of applicant/respondent No.1, Hem Raj, for release 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 to meet essential expenses including repayment of a loan 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 as per his share. Learned counsel for the non-applicant/appellant stated that he doesn’t 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 the non-applicant/appellant 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, Hem Raj 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 30% of the awarded amount of compensation in favour of applicant/respondent No.1, Hem Raj, alongwith up-to-date interest, after proper verification and identification by remitting the same to his saving bank account, details whereof has been given in Para-5 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, Hem Raj, will have to refund the amount, so released, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge November 20, 2025 (reena)