$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI NARESH KUMAR .....Appellant Through: Ms. Kanika Baweja, Advocate.

versus SURENDER KUMAR GULATI (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES .....Respondents Through: Mr. Viney Sharma and Mr. Kanishk Babbar, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 17.12.2025 CM APPL.43366/2025 By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the applicants/respondents seek release of the decretal amount deposited in court by the appellant.

2. Notice on this application was issued on 22.07.2025. 3. Reply dated 04.09.2025 has been filed in the matter.

4. The court has heard Mr. Viney Sharma, learned counsel appearing for the respondents; as well as Ms. Kanika Baweja, learned counsel appearing for the appellant.

5. Mr. Sharma submits, that the respondents deserve to reap the fruits of the money decree; and that they are willing to securitize the amount that would be released to them by furnishing a bank guarantee.

6. On the other hand, Ms. Baweja opposes the release of money, submitting that at the stage when the appeal is decided and if the appellant prevails in the appeal, the respondents will not be able to compensate the appellant for the interest that the money deposited in court is earning.

7. In response, learned counsel for the respondents submits that they would be willing to give an undertaking that they would also pay interest, that would have accrued on the deposited sum at the decretal rate of interest, if the appellant succeeds in the matter.

8. Upon a conspectus of the foregoing submissions, the application is disposed-of, directing the Registry to release the decretal amount lying deposited in court alongwith upto-date interest accrued thereon, in 04 equal parts to the 04 legal representatives of the respondent/Surender Kumar Gulati, after verifying their credentials, subject to the legal representatives of the respondent jointly furnishing a bank guarantee in favour of the Registrar General of this court towards the decretal amount plus interest.

9. Furthermore, the legal representatives of the respondent are also directed to furnish a joint undertaking to the effect that if the appellant succeeds in the appeal, they would, jointly and severally, be liable to pay the interest that would have accrued on the sum released to them at the rate of interest specified in the decree.

10. It is made clear that the legal representatives of the respondent shall furnish the joint bank guarantee as well as the joint undertaking before the learned Joint Registrar, who will verify the same in accordance with rules; and only thereafter would the Registry release the amount, as aforesaid, within 02 weeks of completing of the verification.

11. The application stands disposed-of.

12. Re-notify on 17^th April 2026. ANUP JAIRAM BHAMBHANI, J DECEMBER 17, 2025/ak