Union Of India v. Shri Dalel Singh & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 108/2021 UNION OF INDIA .....Appellant Through:

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr.

Sunil Kumar Jha and Mr. M. S.

Akhtar, Advocates versus SHRI DALEL SINGH & ANR.

.....Respondents Through:

Mr. M. C. Verma, Advocate for R-1 Ms. Latika Malhotra, Advocate for DDA

CORAM:

HON'BLE MS. JUSTICE RENU BHATNAGAR

O R D E R

% 10.12.2025 CM APPL. 75542/2025 (Directions for release of decretal amount) 1.

The present application has been filed under Section 151 of Code of Civil Procedure, 1908 on behalf of Respondent No. 1/applicant namely Dalel Singh, seeking directions regarding release of the decretal amount of Rs. 17,69,244/- along with interest accrued thereon, which was deposited with this Court pursuant to order dated 17.11.2021 vide DD No. 461206 dated 07.07.2025. 2.

Learned counsel appearing on behalf of Respondent No. 1 submits that vide order dated 17.11.2021, the stay on execution The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings was granted subject to deposit of decretal amount with the Registrar General of this Court within a period of eight weeks. 3.

Issue Notice.

4.

Notice is accepted by learned counsel appearing for the appellant as well as by the learned counsel for respondent No.2. They submit that in view of the settled proposition of law as held by the Apex Court in Kazi Moinuddin Kazi Bashiruddin & Ors. v. Maharashtra Tourism Development Corporation & Anr. 2022 SCC OnLine SC 1325, the amount may be released subject to respondent No.1/applicant furnishing indemnity bond and adequate security for the decretal amount.

5.

Heard.

6.

A perusal of the record reveals that vide order dated 17.11.2021, this Court granted stay on the execution proceedings subject to the appellant depositing the decretal amount and vide order dated 28.07.2025, the appellant was further granted a period of one week to deposit the decretal amount.

7.

Accordingly, as per the mandate of the judgment of Kazi Moinuddin Kazi Bashiruddin & Ors. (Supra), the present application is allowed. On Respondent No. 1 furnishing an indemnity bond to the extent of 50% of the decretal amount and providing adequate security of the remaining 50% balance amount to the satisfaction of the Registrar General of this Court and upon due verification of the Respondent No. 1/applicant's name and identity, the decretal amount of Rs. 17,69,244/- along with interest accrued thereupon, if any, be released to the applicant/Respondent No. 1.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Let an undertaking in the form of an affidavit be filed by Respondent No. 1 setting out that in the event the appellant succeeds in the present appeal, Respondent No 1 shall return the compensation so released, back to the Appellant.

9.

In view of the above, the present application stands disposed of. RENU BHATNAGAR, J DECEMBER 10, 2025 ms/kj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.