Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 12789 (HP)

CONTROLLER OF STORES NORTHERN RAILWAYS v. M/S CBM INDUSTRIES PRIVATE LTD AND ANOTHER

CARAP/61/2026 · 2026-06-22

Sandeep Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Controller of Stores vs. M/s CBM Industries Private Limtied and another CARAP No.61 of 2026 in CARBC No.6 of 2026 22.06.2026 Present Mr. Virbahadur Verma, Senior Panel Counsel for the non-applicant/petitioner. Mr. Vipul Sharda, Advocate, for the applicant/respondent. By way of instant application, prayer has been made on behalf of the applicant/respondent for release of amount lying deposited in the Registry of this Court. Mr. Virbahadur Verma, learned Senior Panel Counsel representing the non-applicant/petitioner, states that vide order dated 09.01.2026 this Court had already ordered for release of the amount. Careful perusal of the averments contained in the application reveals that learned Arbitrator had awarded sum of Rs. 55, 18, 44, 524/- in favour of the applicant/respondent and during the pendency of the application filed under Section 34 of the Arbitration and Conciliation Act, non-applicant/petitioner had deposited sum of Rs. 56, 95, 20,350/- in the Registry of this Court by way of two separate FDRs bearing No.18330310108291 and 18330310103517. Though, in terms of order dated 09.01.2026, Registry had released the amount with respect to FDR No. 18330310103517 in favour of the applicant/respondent, but amount with respect to FDR No. 18330310108291 has not been released. Since vide order dated 09.01.2026, this Court had ordered for release of the award amount lying deposited with the Registry of this Court, there was otherwise no occasion for the Registry to not release the amount deposited in another FDR, rather total amount of Rs. 55, 18,44, 524/- with upto date interest ought to have been released, but it appears that at time of release of award amount in terms of order dated 09.01.2026 factum with regard to deposit of award amount by way of two FDRs came to the notice of the Registry of this Court as well as applicant/respondent. Though sum of Rs. 84,87,13,707/- has been already released in favour of the applicant/ respondent, which was lying deposited in the FDR No. 18330310103517, but approximately sum of Rs. 2 crore lying deposited in FDR No. 18330310108291 is yet to be released in favour of the applicant/respondent. Since it is not in dispute that entire award amount of Rs. 56, 95, 20,350/- was deposited by the non- applicant/petitioner by way of FDRs and at present Registry has already released one FDR in terms of order dated 09.01.2026, prayer made on behalf of the applicant/respondent for release of amount lying deposited in FDR No. 18330310103517 also deserves to be allowed. Consequently, in view of the above, the present application is allowed and Registry is directed to release the amount with respect to FDR No. 1833031010829 in favour of the applicant/respondent, by remitting the same in the saving bank account of the applicant/respondent, details whereof is furnished in para No.8 of the application, subject to verification by the accounts Branch. The application stands disposed of. (Sandeep Sharma) Judge June 22, 2026 (shankar)