Havlok Constructions Pvt Ltd v. Shabnam Khatun & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 242/2019 HAVLOK CONSTRUCTIONS PVT. LTD. .....Appellant Through:

Mr Ramesh Kumar, Advocate.

versus SHABNAM KHATUN & ORS.

..... Respondents Through:

Mr Prakash Kumar Jha, AR of R-3 present in person.

.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 21.07.2020 Heard Through Video Conferencing CM APPL. 15818/2020 (By appellant/applicant for withdrawal of appeal) & CM APPL. 5975/2020 (By appellant/applicant for withdrawal of appeal and refund of amount deposited by appellant) & FAO 242/2019

1. These applications are moved by the applicant/appellant for withdrawal of the appeal.

2. The learned counsel for the applicant/appellant submits that since the lis has been settled with R-3- GKC Projects Ltd. The petitioner would like to withdraw the appeal. Mr Prakash Kumar Jha, the Authorized Representative of R-3- GKC Projects Ltd. confirms that indeed the lis has been settled and the amount deposited may be released to the applicant/appellant. He also submits that the awarded amount was recovered through recovery proceedings initiated by the Commissioner, Employees' Compensation and the same has been disbursed to the claimants, as is evident from the certificate

(Annexure-P13) dated 13.05.2019 issued by the Office of the Commissioner Employees' Compensation, New Delhi, The said respondent has given its "no objection" to the withdrawal of the suit and for release of the said monies.

3. In view of the above, the applications are allowed and the appeal is accordingly dismissed as withdrawn.

Let the amount of Rs.16,17,468/- deposited before this Court, be released to the appellant/applicant, alongwith interest accrued thereon.

4. The next date i.e.17.08.2020, already fixed in the matter stands cancelled.

5. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 21, 2020/rd