Poonam And Another vs Pawan Kumar And Others

Rakesh Kainthla, J

CMP No.13332 of 2023 in FAO No.145 of 2004

The present application has been filed for release of the balance amount as per the award pronounced by this Court. It has been asserted that the marriage of the applicant has been fixed on 19.10.2023. The marriage is being solemnized by the grandparents of the applicant, as the applicant has lost her parents in the accident. The applicant requires money for the solemnization of her marriage. Hence, the application.

No reply to the application was filed.

It appears that the name of the applicant has been mentioned as Pooja, Daughter of Shamsher Singh; however, the application has been filed by Alka Devi. The document in support of the application also mentions her name as Alka Devi. The Registry has also raised an objection that the name of the applicant was not mentioned in the memo of parties and the application at her instance is not maintainable. However, a perusal of the record shows that this Court had passed an order on 24.04.2017 that Alka Devi and Pooja Devi are the names of the same persons. 50% of the amount was ordered to be released to the applicant. This order will constitute res judicata during the subsequent proceedings and it is not permissible to go behind the same. Hence, the objection raised by the Registry that the application at the instance of the applicant is not maintainable is not accepted.

Since it has already been held that Alka Devi and Pooja are the same persons and the applicant-Alka Devi requires money for the solemnization of her marriage; therefore, the present application is allowed and the amount is ordered to be released in favour of the applicant by remitting the same to her savings bank account as per the details mentioned in Annexure-A2 of the application, subject to verification of documents expeditiously preferably within 3-4 days keeping in view that marriage is fixed on 19.10.2023. The present application stands disposed of.