Satwant Kaur v. Sanjeev Singh Chawla & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SATWANT KAUR ..... Plaintiff Through:

Mr. Vinod Kumar Sethi and Ms.

Shobhaa Gupta, Advocates versus SANJEEV SINGH CHAWLA & ANR ..... Defendants Through:

Mr. Pramod Saigal, Adv. for D-1 and 2.

Mr. Hasan Anzar and Mr. Osama Suhail, Advocates for Ms. Jasmine Kaur Chawla,

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 29.04.2016 I.A.No. 4694/2016 (U/s 151 CPC) 1.

By this application, which is jointly filed by defendant no.1 and his wife Ms. Jasmine Kaur Chalwa prayers are made for releasing of the amount lying with the Registry of this Court alongwith accrued interest, and which amount is 1/3rd amount out of the sale consideration of the suit property being the second of B-3, Geetanjali Enclave, Malviya Nagar, New Delhi. It is stated that the remaining 2/3rd sale consideration of the property has

already been received by the plaintiff and the defendant no.2. 2.

Through this joint application as per the prayer clause, the amount lying in Court, which would have been fallen to the share of defendant no.1 along with accrued interest is prayed for being released to the defendant no.1, however, it is orally stated before this Court by the counsels jointly that the amount deposited in this Court be in fact released in the name of wife of defendant no.1 namely Smt. Jasmine Kaur Chawla, and which bank instrument for the amount will be given for custody to Ms. Shobhaa Gupta, Advocate, Enrolment No.D5A/99 and the bank instrument with Ms. Shobhaa Gupta, Advocate will be given to Ms. Jasmine Kaur Chawla at the time of recording of her statement in the second motion of divorce between defendant no.1 and Ms. Jasmine Kaur Chawla.

3.

At this stage, prayer (b) of the application is not pressed because the keys of the flat bearing no.9846, Pocket-9, Sector-C, Vasant Kunj, New Delhi, are also today handed over in Court to Ms. Shobhaa Gupta, Advocate for being in safe custody with her and the same will be given to Ms.

Jasmine Kaur Chawla at the time of recording of her statement in the second

motion of divorce by consent between defendant no.1 and Ms. Jasmine Kaur Chawla.

4.

Application is allowed and disposed of with the aforesaid observations.

CS(OS) No. 1032/2011 5.

Since the suit is already disposed of by compromise before the Division Bench, no further orders are required to be passed in the suit. VALMIKI J. MEHTA, J APRIL 29, 2016 ib