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2023 Supreme(Del) 1485
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
NTPC Ltd. – Appellant
Versus
Navjot Singh & Anr. – Respondents
CM(M) 571 of 2017 & CM APPL. 19645 of 2017
Decided On : 01-05-2023
Mr. Puneet Taneja, Mr. Manmohan Singh Narula and Mr. Amit Yadav, Advocates, for the Petitioner.
Mr. Naveen Sharma, Advocate, for the Respondent.
The court's decision was influenced by the Mediator's report in determining the settlement amount and emphasized the disbursement of the amounts to the rightful claimants, including the consideration of the application for impleadment of the respondent's legal representatives.
Headnote:
Mediator's Report - Disbursement of Settlement Amount - The court directed the petitioner to deposit the settlement amount as calculated by the Mediator and release the previously deposited amount along with accrued interest to the respondent. The court also directed the consideration of the application for impleadment of the respondent's legal representatives for disbursement of the amounts.
Fact of the Case:
The respondent agreed to receive the amount as calculated by the Mediator as full and final settlement. The Mediator's report concluded the respondent was entitled to a specific sum, and the court directed the petitioner to deposit the balance amount and release the previously deposited amount with accrued interest to the respondent or his legal representatives.
Finding of the Court:
The court found the respondent entitled to the settlement amount as per the Mediator's report and directed the petitioner to deposit the balance amount and release the previously deposited amount with accrued interest to the respondent or his legal representatives. The court also directed the consideration of the application for impleadment of the respondent's legal representatives for disbursement of the amounts.
Issues: Disbursement of settlement amount, release of previously deposited amount with accrued interest, and consideration of application for impleadment of respondent's legal representatives.
Ratio Decidendi: The court relied on the Mediator's report to determine the settlement amount and directed the petitioner to deposit the balance amount and release the previously deposited amount with accrued interest to the respondent or his legal representatives. The court also emphasized the consideration of the application for impleadment of the respondent's legal representatives for disbursement of the amounts.
Final Decision: The petition along with pending application was disposed of with no order as to costs.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. In deference to the order dated 27.04.2023, Mr. Naveen Sharma, learned counsel appearing for the respondents submits that the respondent is agreeable to receive the amount as calculated by the Mediator as full and final settlement.
2. Upon consideration of the Mediator's report dated 23.12.2022, drawn on the basis of the order dated 13.12.2019, whereby the learned Mediator had concluded that the respondent was entitled to a total sum of Rs.19,89,008/- and after adjusting the amount of Rs.13,27,000/- which is stated to have already been deposited by the NTPC the petitioner herein, in the Court, a balance of Rs.6,62,008/- was left to which the respondent was entitled.
3. In view of the aforesaid submissions as also in view of the report of the learned Mediator, to which neither of the parties object, this Court deems it fit and proper to direct the petitioner to deposit a sum of Rs.6,62,008/- before the learned Executing Court within three weeks from today. The learned Executing Court would disburse the same in accordance with law.
4. Mr. Naveen Sharma, learned counsel for the respondent also submits that a sum of Rs.10,31,147.80/- was already deposited by the petitioner before the learned Executing Court and the same has been invested in the form of an FDR. Learned counsel submits that the same be directed to be released along with the accrued interest.
5. As per the submission made above, the aforesaid amount which has been invested in the form of an FDR, be also released to the respondent no.1/his LRs along with the accrued interest.
6. Learned counsel for the respondent also submits that in the interregnum the respondent No.1 had unfortunately left for his heavenly abode and an appropriate application seeking impleadment of his LRs is already filed before the learned Executing Court.
7. Learned Executing Court is directed to consider the said application in accordance with law and disburse the aforesaid amounts to the rightful claimants within two weeks thereafter.
8. In view of the aforesaid, the petition along with pending application is disposed of with no order as to costs.
