Sujata Bathula Nee Thalatoti v. Bathula Dayamani & ORS

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 73/2015 SUJATA BATHULA NEE THALATOTI ..... Plaintiff Through:

Mr. Ajay Kumar, Adv.

versus BATHULA DAYAMANI & ORS ..... Defendant Through:

Mr. Vikas Aggarwal, Adv. for D1& 2

CORAM:

SH. ASHUTOSH KUMAR (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 05.01.2016 I.A.No. 80/2016 under Section 151 CPC moved on behalf of plaintiff for handing over of delivery of the original relinquishment deed to defendant no. 1, placing on record the certified copy of the relinquishment deed executed by the plaintiff in favour of defendant no.1 and also for release of renewed bank draft to the plaintiff deposited by the defendant no. 1 Learned counsels for the plaintiff and defendant no.1 have jointly submitted that in terms of settlement agreement dated 30.07.2015 original relinquishment deed has been handed over to counsel for defendant no. 1 in the court today. Ld. counsel for plaintiff has further submitted that certified copy of relinquishment deed has also been filed along with captioned application.

Continued to.......2/-

Learned counsel for defendant no.1 has submitted that the bank draft of Rs. 25 lacs placed on record by the defendant no.1, to be handed over to plaintiff when the relinquishment deed is given to defendant no. 1, has expired and has submitted that said bank draft may be released and defendant no.1 after renewal of the same, shall hand over to counsel for plaintiff in the court within one week from today. Counsel for plaintiff has no objection to the same. Counsel for the parties present have drawn my attention to the order dated 16.11.2015 of the Hon'ble Court wherein it is stated that the said bank draft may be released to counsel for defendant no.1 for the purpose of renewal and have also stated that this court has the power to release the same for the said purpose.

In view of the same, said bank draft of Rs. 25 lacs is ordered to be released to defendant no.1 under proper acknowledgement and photocopy of the same be placed on record and the bank draft after renewal be handed over to learned counsel for the plaintiff on the next date. Re-notify the matter on 12th January, 2016.

ASHUTOSH KUMAR (DHJS) JOINT REGISTRAR (JUDICIAL) JANUARY 05, 2016/nk