High Court of DelhiW.P.(C)/652/2010

Aadharshila Vidyapeeth v. Anil Kumar

2016-02-24Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 652/2010 AADHARSHILA VIDYAPEETH ..... Petitioner Through:

Mr. Jinendra Jain, Advocate.

versus ANIL KUMAR ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 24.02.2016 C.M. Appl. No. 6731/2016 with W.P.(C) 652/2010 This application has been moved by the petitioner seeking withdrawal of the writ petition and also for release of the amount deposited by the petitioner in terms of the order passed on 2nd February, 2010, in C.M. Appl. No. 1380/2010 as a condition of interim stay. Although, the said amount was duly deposited, however, there has been no appearance on behalf of the respondent at any stage. At the same time, on 25th May, 2012, Rule was also issued in the matter.

The petitioner has moved this application stating that, as a matter of fact, the amount in terms of the impugned award dated 9th April, 2008 along with interest amounting toRs.84,000/- payable to W.P.(C) 652/2010

the respondent/workman had been duly deposited by the petitioner by way of a Pay Order dated 15th September, 2012 in the office of SDM, Model Town, Delhi and now the petitioner is no longer interested in pursuing the present petition. The particulars of the amount deposited with the concerned SDM, Model Town, Delhi, as also the accompanying correspondence in that behalf, have been annexed to this application. The present application, is also supported by the affidavit of the Principal, Aadarshila Vidyapeeth, which is petitioner in this matter.

Under the circumstances, the application deserves to be allowed and as prayed, Rule is discharged and the writ petition, along with the present application, are dismissed as not pressed. Interim order stands vacated. As prayed, registry is also directed to release the amount of Rs.47,000/- deposited by the petitioner in terms of the interim order dated 2nd February, 2010, along with interest that may have been accrued thereon, after completing all necessary formalities within two weeks from today.

The application and the writ petition stands disposed off accordingly.

SUDERSHAN KUMAR MISRA, J FEBRUARY 24, 2016 AK W.P.(C) 652/2010