JET AIR PRIVATE LTD v. NAVEEN KHANNA AND SONS HUF & ORS.
RFA/286/2021 · 2025-07-01
Tara Vitasta Ganju
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44801 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44801 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 $~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 286/2021
JET AIR PRIVATE LTD
.....Appellant Through: Mr. Amulya Dhingra and Mr. Diwakar Singh, Advocates. versus
NAVEEN KHANNA AND SONS HUF & ORS. .....Respondents Through: Mr. Naveen Kumar Chaudhary, Mr. Virat Saharan and Mr. Yash Tewatia, Advocates for R-1. CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R %
14.07.2025 CM APPL. 41022/2025
By way of the present application filed under section 151 of the Code of Civil Procedure 1908, respondent No.1/applicant seeks release of the amount lying deposited with the Registry of this court in terms of para 50 of judgment dated 01.07.2025. 2. Mr. Naveen Kumar Chaudhary, learned counsel appearing for the respondent No.1/applicant submits, that the said amount was deposited in compliance with order dated 14.03.2022, as a condition for stay in the execution proceedings; and would have accrued interest, all of which now ought to be released in favour of respondent No.1, in terms of para 50 referred to above. 3. Issue notice. 4. Mr. Prashant Kumar, learned counsel who is present on behalf of the appellant on advance copy, accepts notice; and submits that though This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:34:27 p. 2 the appellant does not object to the release of the amount, the amount requires to be securitised by the applicants, since the appellant proposes to file a second appeal. 5. However, this court is of the view that once the appeal filed by M/s Jet Air Private Ltd bearing RFA No. 286/2021 stands dismissed; whereas the cross-appeal filed by the respondent - M/s Naveen Khanna & Sons HUF bearing RFA No. 311/2021 stands partly allowed; and this court has already permitted the applicant to take appropriate steps for release of the amount that stands deposited in the court, there is no justification for requiring the applicant to securitise the amount to be released to him, not least because the appellant proposes to file a second appeal. 6. In the circumstances, the application is allowed. 7.
The Registry is directed to release the entire amount lying deposited in the present proceedings alongwith the interest accrued up-to-date in favour of M/s Naveen Khanna & Sons HUF within 02 weeks of the applicant approaching the Registry for that purpose. 8. The demand draft/pay order, drawn in favour of M/s Naveen Khanna & Sons HUF, be handed-over to learned counsel for the applicant/respondent No.1 in the present proceedings. 9. The application is accordingly disposed-of in the above terms. RFA 286/2021
10. The present appeal already stood disposed-of vide order dated
01.07.2025. ANUP JAIRAM BHAMBHANI, J JULY 14, 2025/V.Rawat This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2025 at 12:34:27