Final Order 4

Order Details: COPY OF ORDER
Pdf Text: Misc DJ 1218/24
VIKAS SINGH MALIK Vs. GEETA DEVI
Misc DJ 1264/24
Geeta Devi Vs. Vikas Singh Malik
13.11.2024
Present: None.
Arguments have already been heard. Record perused.
It appears that Vikas had filed a suit for specific
performance before the Hon’ble High Court wherein he had
deposited a sum of Rs.20,50,000/-. The said suit was transferred to
District Court and was dismissed vide order dated 12.03.2024 but a
direction was given that deposited amount should be returned to
him.
Later on, Vikas filed an application which is numbered as
1218/24 seeking specific direction that amount be returned
alongwith interest. Geeta Devi also filed an application which is
numbered as 1264/24 and prayed for release of interest.
It seems that during the pendency of the case before the
Hon’ble High Court, an order was passed on 12.02.2024 whereby
interest was allowed to be released in favour of Geeta Devi. The
said order was passed by the Hon’ble High Court on agreement as
the order specifically uses an expression “as agreed”. This order
was to continue till further orders.
Since the order dated 12.02.2024 was passed on
agreement between the parties, the same has to be given due value.
Contd….P/2
-- 1 of 2 --
- 2 -
The direction for interest was really not an adjudication done by the
court and threfore, the future course of action could not change the
impact of the said order. If the parties had agreed for a certain
outcome, the same has to be treated as if they wanted such outcome
to take place voluntarily. In such circumstances, the point of interest
would have been a contractual obligation between the parties and
therefore, the same has to be accepted as it is without any reference
to the ultimate reason of disposal of the case.
As such, it is directed that the interest accured on the
deposited amount till 12.03.2024 (i.e. the date of disposal of the
suit) shall go in favour of Geeta Devi. The interest accrued on the
deposited amount w.e.f. 13.03.2024 till the realization shall go in
favour of Vikas Singh Malik. The concerned administrative
authority shall release the principal deposited amount in favour of
Vikas Singh Malik alongwith interest accrued thereon from
13.03.2024 till the date of realization. The authority shall also
release the interest amount which accrued till 12.03.2024 in favour
of Geeta Devi.
With the aforesaid observations, both the present misc.
applications filed in respect of the Suit No.77978/16 titled as Vikas
Singh Malik Vs. Geeta Devi & Ors. are disposed off.
These files be congined to record room after due
compliance.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/13.11.2024
-- 2 of 2 --