RFA 328/2010 Page 1 of 3 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 328/2010 PENTAGON TURBINES PVT TLD ..... Appellant Through: Mr. Ankur Gupta and Mr. Rakesh Kumar, Advocates. versus SM MILKOSE LTD ..... Respondent Through: None. CORAM: JUSTICE PRATHIBA M. SINGH O R D E R % 06.03.2018 CM No.24996/2017 1. On 4th March, 2016, this Court had passed the following order in CM No.8289/2016. “This is an application filed by the applicant/respondent for release of the amount to the appellant and the respondent, who are purported to have arrived at a settlement before the learned trial court, on the basis of which a compromise decree has been passed. Copy of the decree has been annexed. In terms of the said decree, the amount which has been deposited by the appellant in this court, be released to the respondent-applicant and appellant in the proportion of 57% and 43% respectively. Learned counsel for the appellant does not have any objection to the release of the said amount in the proportions as envisaged in terms of the compromise decree. 2. Having regard to the aforesaid submissions RFA 328/2010 Page 2 of 3 made by learned counsel for the parties, the amount is directed to be released to the parties in the present appeal in the proportion of 57% and 43% to the respondent-applicant and the appellant respectively. The Registry while releasing the amount shall also disburse the interest accrued on the FDR in the same proportion. 3. The present applications stands disposed of.” 2. Learned counsel for the Appellant-Applicant submits that as per the compromise arrived at between the parties before the Trial Court, it was agreed that the amount to be released in favour of Appellant was to be released in the name of Mr. Arun Khetarpal. As per the compromise, 43% of the deposited amount is to be released to the Appellant. The Registry had, however, prepared the demand draft in the name of the company. 3. The relevant clauses in the settlement are set out below: “1. It is agreed between the parties that the afore said amount as deposited by the defendant with the registrar general High Court of Delhi in the afore-said case shall be shared in the ratio of 57% and 43% i.e 57% to the plaintiff and 43% to the defendant. It is also agreed that the interest accrued on the said amount till the date of release shall also be shared in the same ratio. 2. That the parties have agreed that a joint application shall be preferred before the Hon'ble High Court of Delhi/Registrar General Delhi High Court for necessary directions/permission for releasing the deposited amount along with accrued interest in the afore-said agreed ration i.e 57:43. RFA 328/2010 Page 3 of 3 3. That the parties have agreed that the necessary application for the release of said amount shall be preferred within 15 days from today. It is also agreed that in case any of the party does not cooperate the other party in moving joint application for release of the said amount, in that situation both the parties shall be at liberty to move independent application before the Hon'ble High Court of Delhi for the release of its respective share as afore-said. 4. That It has been agreed that the 43% i.e the share of the defendant of the said amount which is to be released in the name of defendant company shall be released in the name of Sh. Arun Khetarpal and the plaintiff has no objection in this regard.” 3. A perusal of clause 4 above makes it clear that the parties had agreed that the amount for the Appellant, is to be released in favour of Mr. Arun Khetarpal. Since the same was not released, the Appellant moved another application bearing CM No.24996/2017 seeking a direction that the amount be released in favour of Mr. Arun Khetarpal. In view of the facts stated in the two applications and the express term in the settlement, the Registry is directed to release 43% amount deposited before this Court and lying in FD along with proportionate interest accrued thereon, constituting the share of the Appellant, in favour of Mr. Arun Khetarpal. 4. Application is disposed of in the above terms. Copy of the order be given dasti under signature of the Court Master. PRATHIBA M. SINGH, J. MARCH 06, 2018/dk