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2023 Supreme(Del) 44
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Tarun Chhabra - Petitioner
Versus
Amarbir Singh Chandoake (Deceased) Through LRS . – Respondents
CM(M) 1415 of 2022 & CM APPL. 54505 of 2022
Decided On : 25-01-2023
Advocate Appeared:
For the Petitioner: Dr. R.S. Sasan, Adv.
For the Respondent: Ms. Balvinder Kaur in person with proxy counsel for Mr.Ashish Upadhyay, Adv.
Headnote:
Impugned order - Directed to deposit a sum - Respondent is present in person and is agreeable to proposal that as against impugned order passed by learned Trial Court directing deposit of Rs. 10 lakhs, petitioner be directed to deposit a sum of Rs.5 lakhs before learned Trial Court – Held, Learned Trial Court is directed to place said amounts in an interest bearing FDR initially for a period of one year with accruable interest thereon with auto renewal facility - It is made clear that in case of default in such deposit within timelines prescribed, learned Trial Court may proceed in accordance with law against such default - Petition disposed of.
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. Learned proxy counsel appearing for Mr.Ashish Upadhyay submits that the respondent Ms.Balvinder Kaur is present in person and is agreeable to the proposal that as against the impugned order passed by the learned Trial Court directing deposit of Rs. 10 lakhs, the petitioner be directed to deposit a sum of Rs.5 lakhs before the learned Trial Court within next 60 days from today and further deposit a sum of Rs.2.50 lakhs after expiry of 60 days period but within the next 60 days thereafter.
2. Dr.R.S. Sasan, learned counsel appearing for the petitioner agrees to the proposal and submits that the same will be complied within the timelines as directed.
3. In that view of the matter, the petition is disposed of with the following directions:
(A) The petitioner shall deposit a sum of Rs.5 lakhs with the learned Trial Court within 60 days from today.
(B) A sum of Rs.2.50 lakhs would be deposited within next 60 days from the 60th day as prescribed in sub-para ‘A’ above.
4. The learned Trial Court is directed to place the said amounts in an interest bearing FDR initially for a period of one year with the accruable interest thereon with auto renewal facility.
5. It is made clear that in case of default in such deposit within the timelines prescribed, the learned Trial Court may proceed in accordance with law against such default.
6. The directions regarding the name and other details in respect of the FDR as directed above, shall be carried out by the learned Trial Court in terms of para 8 of the impugned order.
7. The impugned order is modified to the aforesaid extent and the petition is disposed of with no order as to costs.
