BHARAT BHUSHAN BABBAR v. RAJRANI

Through: Mr. Ashish Garg, Advocate CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR % O R D E R 24.04.2024 CM APPL. 31735/2020 (directions)

1. This is an application filed by the appellant in RFA 139/2008 seeking release of an amount of ₹ 2,50,000/- which was deposited by the appellant before this Court in compliance with the directions contained in the order dated 25 July 2008 passed by this Court in the present appeal.

2. The order dated 25 July 2008 reads thus: “Heard. There is a delay of just about four days in the filing of this appeal. For the reasons stated in the application which is supported by an affidavit, the delay is condoned and CM allowed and disposed of. RFA 139/2008 This is a defendant's appeal arising out of a suit for recovery of money under Order 37 of the CPC. The court below has, while declining grant of leave to defend the suit, passed a decree for a RFA 139/2008 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:58:40 sum of Rs.8,65,500/- with interest pendente lite and till realization @ 8% p. a. After arguing the matter at some length, learned counsel for the parties agreed to the impugned decree being set aside on terms which have been broadly settled between them. The settlement envisages payment of the amount of Rs.2,50,000/- deposited by the appellant in this court to the respondent decree holder upon her furnishing security to the satisfaction of the Registrar, setting aside of the impugned judgment and decree, grant of leave to defend the defendant's appeal and the remand of the matter back to the trial court to try and dispose of the suit in accordance with law. It is submitted by learned counsel for the parties that the appeal could be disposed of on the above terms to avoid any delay in the settlement of the case which is implicit if the appeal were to remain pending in this court for a long time. In the circumstances therefore and keeping in view the submissions made at the bar, we pass the following order: The impugned judgment and decree passed by the i. trial court is set aside; The application made by the defendant-appellant for ii. grant of leave to defend the suit is allowed and the appellant permitted to file a written statement to the suit within four weeks from the date the parties appear before the trial court. iii. The amount of Rs.2,50,000/- deposited by the appellant in this court pursuant to our directions dated 25th March, 2008 shall stand released in favour of the respondent upon her Registrar of this court. furnishing security to the satisfaction of The suit shall, on the above terms, stand remanded iv. back to the trial court for a fresh disposal in accordance with law after affording to the parties any opportunity to lead evidence in support of their respective version. In case the suit filed by the plaintiff-respondent is v. eventually dismissed, the amount received by the decree holder shall be liable to be reimbursed to the defendant- appellant within such time as the trial court may direct with interest @ 6% p.a. vi. Parties are left to bear their own costs. The parties are directed to appear before the trial Court on RFA 139/2008 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:58:40 18th August, 2008."

3. The order dated 25 July 2008 was never challenged by anyone, including the respondent in this appeal. It has, therefore, attained finality.

4. The terms of the order dated 25 July 2008 are clear and categorical. The amount of ₹ 2,50,000/- deposited by the appellant was to be released in favour of the respondent upon her furnishing security to the satisfaction of the Registrar of this Court. However, it was further submitted that, in case the suit filed by the respondent before the Trial Court was dismissed, the amount so received by the respondent would be reimbursed to the appellant within such time as the Trial Court would direct.

5. The respondent did not furnish any security, as a result of which the amount of ₹ 2,50,000/- deposited by the appellant was never released to the Respondent and continues to remain with the Registry of this Court.

6. The suit filed by the respondent was, however, dismissed and was accordingly decided in favour of the appellant in the present appeal.

7. The consequence envisaged in direction (v) of the order dated 25 July 2008 has inexorably to follow.

8. Mr. Ashish Garg, learned counsel for the respondent opposes the application on the ground that, though the suit instituted by him RFA 139/2008 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:58:40 has indeed been decided against him, he has filed a Regular First Appeal against the decision in the suit, which is presently pending. Admittedly, no interlocutory orders have been passed in favour of the respondent in the said RFA.

9. Resultantly, by operation of direction (v) in the order dated 25 July 2008, the Appellant would be entitled to be released/returned the amount of ₹ 2,50,000/- deposited by the appellant in compliance with order dated 25 March 2008 passed by this Court along with any interest which may have been earned thereon. Let the said amount be released to the appellant within two weeks from today.

10. This application is accordingly allowed.

11. It is submitted that the appellant has expired during the pendency of these proceedings and that the legal representatives of the appellant have been taken on record vide order dated 20 September

12. Let the amount of ₹ 2,50,000/- along with the interest earned thereon be released in favour of the legal representatives in equal proportions in accordance with the above directions. APRIL 24, 2024/yg Click here to check corrigendum, if any C.HARI SHANKAR, J RFA 139/2008 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/05/2024 at 12:58:40