FAO-673-2017 (O&M) -1- 217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-13586-CII-2025 and CM-13587-CII-2025 in/and FAO-673-2017 (O&M) Date of Decision:20.08.2025 NBCC (INDIA) LTD. ....Appellant(s) Versus SURINDER NATH GUPTA AND ANOTHER .....Respondent(s) CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Parvez Chugh, Advocate, for the applicant-appellant. Mr. Sunil Chadha, Senior Advocate with Mr. Raghav Chadha, Advocate, for the respondents. **** JASGURPREET SINGH PURI , J. (Oral) CM-13586-CII-2025 & CM-13587-CII-2025 The application i.e.CM-13586-CII-2025 has been filed for withdrawal of the main appeal in view of the settlement having been arrived at between the parties. The application CM-13587-CII-2025 has been filed for release of the amount which was deposited in pursuance of the order passed by this Court dated 30.05.2017 and as modified vide order dated 09.08.2017 in favour of the applicant-appellant. Learned counsel appearing on behalf of the applicant-appellant submitted that during the pendency of the present appeal, the entire matter RAKESH KUMAR 2025.08.22 18:48 I attest to the accuracy and authenticity of this order/judgment FAO-673-2017 (O&M) -2- between the parties has been settled amicably and settlement deed has also been placed on record as Annexure A-1 and in this way, the entire transaction of money has taken place and the decree has been satisfied. He submitted that however as per order dated 03.05.2017, 50% of the amount was to be deposited by the applicant-appellant, out of which 25% was to be released to the decree-holder, which has already been done and with regard to the remaining 25% of the amount which comes out to be about Rs.3 crores, as per subsequent order dated 09.08.2017, the same was to be kept in a fixed deposit, with a further observation that the same would be given to the succeeding party on conclusion of the lis. He submitted that lis has now been concluded and the final settlement has been made as per Annexure A-1 and therefore the aforesaid amount alongwith interest be released to the applicant-appellant. Mr. Sunil Chadha, learned Senior Advocate appearing on behalf of the respondents with Mr. Raghav Chadha, Advocate submitted that it is correct that the matter has been settled between the parties, as per Annexure A-1 and the respondents have received the entire amount from the appellant and therefore, he has no objection in case the amount, which was deposited before the learned Executing Court by virtue of the aforesaid orders passed by this Court is released to the applicant-appellant along with interest which has accrued in this regard. In view of the submissions made by both the learned counsels for the parties, the present applications are disposed of. The appellant is permitted to withdraw the present appeal. RAKESH KUMAR 2025.08.22 18:48 I attest to the accuracy and authenticity of this order/judgment FAO-673-2017 (O&M) -3- So far as amount which was deposited by the appellant in pursuance of the aforesaid orders is concerned, he shall be at liberty to get it released in his favour by filing any appropriate application before the learned Executing Court which shall thereupon pass an order on the same. Main appeal Dismissed as withdrawn. 20.08.2025 (JASGURPREET SINGH PURI) rakesh JUDGE Whether speaking : Yes/No Whether reportable : Yes/No RAKESH KUMAR 2025.08.22 18:48 I attest to the accuracy and authenticity of this order/judgment