The Court has the power to direct the withdrawal of the deposited amount and issue a Demand Draft in favor of the respondent.

ORDER

% 04.03.2024 CM APPL. 24088/2023 (Direct the Registry to issue a Demand Draft of the deposited amount in favour of Respondent)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner/applicant seeking the following reliefs:

“a. Direct the registry to issue a Demand Draft of the deposited amount along with accrued interest in favour of „Ramswaroop‟; and b. Allow the petitioner to withdraw a Demand Draft from the registry;

c. Pass such other reliefs as this Hon'ble Court may deem fit in favour of the petitioner and against the respondent.”

2. Learned counsel appearing on behalf of the applicant/petitioner submitted that the captioned writ petition was filed challenging the award dated 29th January, 2007, passed in ID No. 94/2005, passed by the learned Industrial Tribunal – 1, Karkardooma Courts, Delhi.

3. It is submitted that the respondent, filed an execution petition dated 29th January, 2013, before the learned District and Session Court, Rohini for execution of the impugned award.

4. It is submitted that in the present matter, the Predecessor Bench of this Court vide order dated 18th March, 2013, had granted stay on the abovesaid execution petition as well as the operation of the impugned award, subject to the applicant/petitioner depositing the entire awarded amount i.e., Rs.1,07,763/- before the Registrar General of this Court.

5. It is submitted that pursuant to the abovesaid order the applicant/petitioner on 18th April, 2013, had deposited a sum of Rs.1,07,763/- vide DD No.944325 before the Registrar General of this Court.

6. It is further submitted that the Predecessor Bench of this Court vide order dated 15th November, 2019, dismissed the captioned writ petition which resulted in the vacation of the prevailing stay.

7. It is submitted that subsequently the applicant/petitioner filed an appeal vide LPA No.50/2020 which was dismissed and hence, the impugned award directing the petitioner to reinstate the respondent with continuity of service along with 50% back wages attained finality.

8. It is submitted that the present application has been filed seeking directions of this Court in relation to the withdrawal of the abovesaid amount i.e., Rs.1,07,763/- and prays that a Demand Draft be issued in favour of the respondent i.e., “Ramswaroop” for the deposited amount along with the accrued interest.

9. Learned counsel for the parties submitted that without prejudice to the rights of the parties, this Court may allow the instant application.

10. Learned counsel appearing on behalf of the respondent has no objection for allowing the present application.

11. Heard the learned counsel for the parties and perused the averments made in the present application.

12. For the sufficient cause being shown in the application and no objection on behalf of the respondent, the same is allowed without prejudice to the rights of the parties and the Registrar General of this Court is directed to issue a Demand Draft of the aforementioned deposited amount along with the accrued interest in favour of the respondent i.e., “Ramswaroop”, subject to the verification of the documents as per rules.

13. With the aforesaid directions, the instant application stands disposed of.

CHANDRA DHARI SINGH, J MARCH 4, 2024 gs/da Click here to check corrigendum, if any