Extracted from the PDF above. The PDF is authoritative.
Court No. - 29 Case :- WRIT - C No. - 36605 of 2023 Petitioner :- Torrent Power Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Tripathi Counsel for Respondent :- C.S.C.,Kamendra Singh,Saurabh Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. This petition was entertained in the peculiar facts and circumstances of the case as per which the interim protection previously granted in the first appeal was not extended and the execution was being pressed. An interim protection was granted to the petitioner on 30.10.2023 subject to writ petitioner depositing a sum of Rs. five lakh with the District Magistrate, Agra.
Learned counsel for the petitioner submits that this petition has now been rendered infructuous inasmuch as the interim protection in the first appeal has already been extended as per which no amount is payable as of now to the respondent. Prayer is made to permit the petitioner to withdraw the writ petition with liberty to the parties to pursue their rights in the pending first appeal.
Learned counsel for the respondents states that some observation be made with regard to release of the amount deposited pursuant to interim order passed by this Court. In view of the fact that there is an interim order operating in favour of the petitioner, it would not be appropriate this for Court to direct release of any amount to the respondent. The amount in question shall continue to be in deposit with the District Magistrate and shall abide by the appropriate orders to be passed in the pending first appeal. Leaving it open for the parties to seek appropriate relief in the pending appeal this writ petition is consigned to records. The amount lying in deposit with the District Magistrate shall be invested in an interest bearing account in a nationalized bank and its disbursal shall be in terms of the order passed in the first appeal.
Order Date :- 19.5.2025/K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad