UOI & ANR. v. Mahinder Singh & ORS.

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 350/2009 UOI & ANR.

..... Appellants Through:

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advs.

versus MAHINDER SINGH & ORS.

..... Respondents Through:

Ms. Anubha Singh, Adv. for R1.

Mr. Shubhendu Bhattacharyya, Adv.

for DDA.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 24.04.2018 CM No.39336/2017 Allowed, subject to just exceptions.

CM No.39335/2017 Learned counsel for the respondent submits that their cross appeal bearing LAC. 117/2009 has been disposed of by this Court on 31st October, 2012 against which the matter was taken to the Supreme Court and the Special Leave Petition has been disposed of vide order dated 13th February, 2014. Copies of the judgment dated 31st October, 2012 and 13th February, 2014 have been filed along with the application as Annexure A2 and A3 respectively. It is submitted that this appeal has become infructous and be disposed of and the amount deposited by the appellants be released to the respondents.

Learned counsel for the appellants submits that he has not aware whether respondents have already recovered compensation amount and,

therefore, it would be appropriate to refer the matter to the Reference Court. LA,APP,350/2009 CM No.39335/2017 is allowed and LA.APP.350/2009 is disposed of as infructous in view of the judgment dated 31st October, 2012 passed by this Court in LA.APP.117/2009 and the order dated 13th February, 2014 passed by the Supreme Court. The Registrar General is directed to send the decretal amount deposited by the appellants to the Reference Court and the Reference Court shall release the amount to the respondents after verifying that the respondents have not already recovered the decreetal amount. The parties shall appear before the Reference Court on 24th May, 2018 at 02:30 P.M.

Copy of this order be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

APRIL 24, 2018 ak