Durga Devi vs Ajay Kumar And Another

Sandeep Sharma, J

Reply on behalf of the respondents is on record, perusal whereof reveals that the award amount stands deposited in the Registry of this Court.

Though there is some dispute with regard to the calculations made by the respondents, while depositing the award amount in the Registry of this Court

but learned Counsel appearing for the petitioner states that the amount deposited in the Registry of this Court may be ordered to be released in favour

of the petitioner with the liberty reserved to the petitioner to file appropriate proceedings in the appropriate court of law for recovery of the shortfall, if

any, in the deposit of the award amount by the respondents.

Though, having taken note of the fact that the respondents have been very-very callous and negligent in implementing the judgment, alleged to have

been violated, this Court would have proceeded to initiate contempt proceedings against them for their having willfully and intentionally disobeyed the

directions contained in the judgment alleged to have been violated, but, having taken note of the fact that the award amount stands deposited in the

Registry of this Court coupled with the fact that the respondents have tendered unconditional apology for the delay, this Court sees no reason to keep

the present proceedings alive and the same are closed accordingly. Notices issued to the respondents are discharged. Liberty is reserved to the

petitioner to file appropriate proceedings, for recovery of balance amount, if any, as prayed for supra.

CMP Nos. 6523 and 7203 of 2021

By way of these applications, prayer has been made on behalf of petitioner Durga Devi and legal heirs of late Laxmi Nand for release of

Rs.9,31,588/- and Rs. 1,83,751/- deposited by the respondents towards payment of enhanced award amount in the Registry of this Court.

Learned counsel for the respondents fairly states that he has no objection to the release of the award amount in favour of the petitioner/legal

representatives of Laxmi Nand.

In view of the fact that the contempt proceedings stand closed and amount stands deposited in the Registry of this Court, both the applications are

allowed. Amount of Rs.9,31,588/- be released and remitted into the saving bank account of Smt. Durga Devi, as per Annexure A-1 of CMP No. 6523

of 2021 and amount of Rs.1,83,751/- be released in equal shares in favour of the persons mentioned in para-1 of CMP No. 7203 of 2021 and remitted

into their saving bank accounts, subject to verification by the Accounts Branch. Applications stand disposed of.

All other pending applications also stand disposed of.