1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal from Order No. 182 of 2007 Smt. Pushpawati Sahgal Memorial Charitable Society & another. .……… Appellants Versus Sh. Chetan Sahgal & others. ...……… Respondents Mr. V.K. Kohli, Senior Advocate with Mr. I.P. Kohli, Advocate for the appellants. Mr. Alok Singh, Senior Advocate with Mr. Kanwaljit Singh, Advocate for respondent No. 1. Hon’ble V.K. Gupta, C.J. With the agreement and consent of the parties, this appeal is disposed of as settled and the following agreed order is passed: Notwithstanding the observations made and the directions contained, as well as the operative part, of the order dated 11th May, 2007 under challenge in this appeal, it is directed by this Court that respondent No. 1 shall continue to operate the account. Mr. Alok Singh, learned Senior Advocate appearing for respondent No. 1 assisted by Mr. Kanwaljit Singh, Advocate, has made a statement at the Bar that respondent No. 1 shall not be using or expending, any time for any purpose, any part of the principal amount of the FDR. The principal amount shall be kept intact and untouched. Only the money flowing from the interest accrued on the principal amount shall be used for the following purposes: i. Payment of monthly wages of Malli and Pujari and the electricity bill. 2 ii. Expenditure incurred on two Bhandaras held in a year, approximately Rs. 50,000/- each Bhandara. Respondent No. 1 shall be entitled to spend the money for incurring the aforesaid expenditures without obtaining any prior leave of the court, but shall maintain and render accounts to the learned Trial Court every month for all the expenditure incurred. If respondent No. 1, in any contingency or situation, intends to spend money for any other purpose, he shall be at liberty to apply to the learned Trial Court for permission for this purpose. The learned Trial Court, after receiving such an Application, shall, upon hearing the parties, examine the request on its merits and pass appropriate orders either granting the request or declining the same. This order and the arrangement evolved herein shall remain operative till the disposal of the Suit and shall be without prejudice to the rights and contentions of the parties in the pending civil Suit. (V.K. Gupta, C. J.) 19.03.2009 G