2026 Supreme(Online)(Del) 1743
IN THE HIGH COURT OF DELHI AT NEW DELHI
DAYA NAND VS. HARDAYAL MUNICIPAL PUBLIC LIBRARY
W.P.(C) 8613/2005
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8613/2005 UNIVERSITY OF DELHI .....Petitioner Through: Mr. Ashutosh Singh and Mr. Shiv Ram Singh, Advs.
versus SURESH .....Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE SHAIL JAIN
O R D E R
% 27.01.2026
1. Vide order dated 5th September, 2022, this Petition was dismissed in default. Thereafter, on 8th January, 2025 this matter was placed by the Registry through Office Note before the Court seeking orders qua the amount of Rs.3,76,691/- which was deposited by the Petitioner vide order dated 13th July, 2005.
2. Thereafter, the notices were issued to both the ld. Counsels for the Parties. On 11th August, 2025 the ld. Counsel for the Parties appeared before the Registrar and ld. Counsel for the Respondent sought discharge on behalf of the Respondent on the ground that she was not getting any instruction(s)
neither from the Respondent (who had already expired) nor from her LRs.
3. Ld. Counsel for the Petitioner has submitted that in the death certificate shown by the ld. Counsel for the Respondent, the name of the deceased was mentioned as one ‘Mumtaz’ whereas the workman herein is Smt. Suresh. This fact that Mumtaz and Suresh are one and the same person is stated by the counsel which is reflected in the order dated 11th August, 2025. Vide order dated 13th October, 2025 the following was observed by the Court:
“…
2. Vide Order dated 05.09.2022, the present petition was dismissed in default.
3. The learned counsel appearing for the petitioner submits that he has no objection if the amount is released to the respondent.
4. Accordingly, since the petition was already dismissed in default and the matter is disposed of, the amount is required to be released to the respondent.
5. No further orders are called for.”
4. However, again this matter was placed before this Court vide Office Note dated 7th November, 2025 stating that there is no direction with regard to release of amount of Rs.3,76,691/- lying deposited in FDR bearing no.
15530310207864 dated 16th August, 2011
5. Today, submission of ld. Counsel for the Petitioner are considered that he has no objection if the amount deposited in FDR bearing no. 15530310207864 dated 16th August, 2011 is released in favour of the rightful claimant, that is, either the workman Smt. Suresh or her Legal heirs as per their rights after due verification.
6. In view of the foregoing, Registrar General of this Court is directed to ensure the release of the amount lying deposited in FDR No. 15530310207864 dated 16th August 2011 in favour of the workman. In the event the workman has expired, the said amount shall be released to the rightful Legal heir(s) of the deceased workman, subject to due verification and upon submission of appropriate identity and supporting documents, to the satisfaction of the ld. Registrar General.
7. No further orders are required to be passed in the present case. The petition stands disposed of and need not be listed again before the court.
8. List before Registrar General on 3rd March, 2026.
SHAIL JAIN, J JANUARY 27, 2026/kp/hp