High Court of DelhiW.P.(C)/11421/2018

M/S Tirupati Industry v. Rameshwar Singh And ANR.

2019-02-18Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11421/2018 M/S TIRUPATI INDUSTRY ..... Petitioner Through:

Mr. Kanwar S.N. & Mr. Hitesh, Advocates.

versus RAMESHWAR SINGH AND ANR.

..... Respondents Through:

Mr. Rajneesh Bhaskal, Mr. Dhan Mohan, Mr. Jitendra, Advocates for R-4. (M:9953641956)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 11.03.2020 CM APPL. 9329/2020 1.

The present application has been filed seeking directions to release the sum of Rs.1,96,800/- in favour of the Petitioner's proprietor - Mr. Vinod Jain @ Vinod Kumar Jain. Vide order dated 18th February, 2019 the sum was directed to be released. The relevant portion of the said order reads as under:

"2. Learned counsel for the petitioner states that in terms of the order passed by this Court on 23.10.2018, the petitioner had also deposited 50% of the awarded amount which amount may be returned back to the petitioner as the agreed amount has already been paid to the respondent no.1. He further states that since the petitioner concern had already closed its activities at the time of filing of the writ petition, the amount as directed by this Court had been deposited by Shri Vinod Jain, the proprietor of the petitioner from his personal funds and therefore, prays that the amount as deposited be released in favour of Shri Vinod Jain. The respondent/workman does not dispute the position that Shri Vinod Jain is the proprietor of the petitioner

concern and does not oppose the prayer for release of the amount in favour of Shri Vinod Jain. The Registry is accordingly directed to immediately release the amount as deposited by the petitioner along with upto date interest accrued thereon in favour of Shri Vinod Jain, 340/1, Wazirpur Industrial Area, Delhi." 2.

However, since there is some issue about the name of the party in whose name it is to be released, the present application has been filed. 3.

After perusing the application, it is directed that the amount of Rs.1,96,800/- be released in favour of Mr. Vinod Jain @ Vinod Kumar Jain along with any interest which has been accrued thereon within a period of two weeks from today. Let a note of compliance be also placed on or before the next date. Application is disposed of.

W.P.(C) 11421/2018 4.

List on 28th April, 2020.

PRATHIBA M. SINGH, J MARCH 11, 2020/dj