M/S Prakash Amusement Rides And Fun World Pvt. Ltd. v. Sh. Ajay Chaudhary

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7795/2018 M/S PRAKASH AMUSEMENT RIDES AND FUN WORLD PVT. LTD.

..... Petitioner Through:

Mr.Sachin Dhamija, Adv.

versus SH. AJAY CHAUDHARY ..... Respondent Through:

Mr.Raj Kumar, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 10.01.2020 CM APP No. 859/2020

1. This is an application filed by the respondent seeking the following prayer- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and accept the amended memo of parties on record and issue directions to the Registry to release the amount in the FDR along with interest accrued thereon in favour of "Ajay Choudhary 5/0 Shri M.P.Choudhary" or In the alternative allow the registry to direct the UCO Bank, Delhi High Court Branch, New Delhi to remit the amount In the FOR i.e. Rs.8,19,000/-along with interest accrued therein directly in the account of the respondent/workman as given in para 6 above.

2. Learned counsel for the petitioner submits that when the writ petition was disposed of by this Court on 17.10.2019, the Registry was

directed to release the amount deposited by the petitioner, in favour of the respondent along with uptodate interest accrued thereon. He submits that the Registry has, accordingly, handed over the original FDR, as deposited by the petitioner in the name of the Registrar General, by endorsing the name of the applicant/respondent as appearing in the memo of parties, i.e., 'Ajay Chaudhary'. He submits that although the applicant's correct name is Ajay 'Choudhary', s/o Sh. M.P. Choudhary, it was inadvertently typed as Ajay 'Chaudhary' in the proceedings before the Labour Court, which continued to be used as his name in the proceedings before this Court as well. By drawing my attention to the letter dated 27.06.

2011 sent by the respondent/applicant to the Joint Labour Commissioner seeking recovery of the amount from the petitioner Management, he submits that the applicant's correct name is Ajay 'Choudhary. He, therefore, prays that appropriate directions be issued to the Registry or to the UCO Bank to ensure that the amount is credited in favour of the applicant's account which bears the following particulars: NAME: AJAY CHOUDHARY 5/0 SHRI M.P.CHOUDHARY SAVINGS AlC NO.

3. Issue notice.

4. Learned counsel for the petitioner accepts notice and fairly does not oppose this application.

5. In the light of the documents on record, and the stand taken by the learned counsel for the petitioner, the application is entitled to

succeed and is accordingly allowed. The UCO Bank, Delhi High Court is directed to forthwith remit the amount in respect of the aforesaid FDR to the account of the respondent in the name of Ajay Choudhary S/o Sh. M.P. Choudhary, the details whereof have been set out in paragraph 2 hereinabove.

6. The application stands disposed of.

7. A copy of this order be also sent to the Branch Manager, UCO Bank, Delhi High Court for compliance.

REKHA PALLI, J.

JANUARY 10, 2020 neelam