RFA 552/2003 Page 1 of 6 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 552/2003 & CM APPL. 65902/2023 DELHI TRANSPORT CORPORATION .....Appellant Through: Mr. Akshat Tiwary and Mr. Aswin BP, Advs. M: 7545977790 Email: akshatiwary@gmail.com versus M/S.LEENA CHEMISTS .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 22.04.2025 1. The present application has been filed on behalf of the applicant/Delhi Transport Corporation (“DTC”), for permission to withdraw the amount deposited with the Registry of this Court. CM APPL. 65902/2023 2. This Court notes that when the present appeal was initially filed by the DTC, this Court while admitting the matter vide order dated 23rd September, 2003, had directed the DTC to deposit the decretal amount. Upon the deposit of the decretal amount, the operation of the impugned judgment and decree dated 06th 3. The order dated 23 February, 2003, in Suit No. 235/2002, passed by the learned Civil Judge, Delhi, was stayed. rd September, 2003 passed by the Division Bench of this Court, reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35 RFA 552/2003 Page 2 of 6 “xxx xxx xxx On appellant's depositing decretal amount with the Registrar General of this Court within four weeks, there shall be a stay of the operation of the impugned judgment and decree passed by the, trial court. List this application again for arguments on 17th 4. This Court further notes that by way of the order dated 06 November, 2003. xxx xxx xxx” th October, 2004, the present appeal was transferred to the District Court Judge, Delhi. The order dated 06th “xxx xxx xxx October, 2004, reads as under: R.F.A. No. 552/2003 C.M. No. 1240, 1255/2023 As per order of the Hon’ble Court, passed in R.F.A No. 376/2003, dated 24th April 2004, this appeal is to be transferred to the District Judge, Delhi. The parties are directed to appear before District Judge, Delhi on 14th 5. Subsequent to the transfer of the present matter to the District Court, vide the judgment dated 22 December, 2004. xxx xxx xxx” nd April, 2008 in RCA No. 114/04/03, passed by the learned Additional District Judge, Delhi, the impugned judgment and decree dated 06th 6. The relevant portion of judgment dated 22 February, 2003, passed by the learned Trial Court was held to be not sustainable in law. The matter was remanded back to the learned Trial Court to frame appropriate issues and lead oral evidence and to provide its clear and specific reasons and findings on the issues, in accordance with law. nd April, 2008, passed by the learned Additional District Judge, Delhi, in RCA No. 114/04/03, reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35 RFA 552/2003 Page 3 of 6 “xxx xxx xxx Hence, in view of the above and having regard to the fact and circumstances of the present case, I am of the considered opinion that the impugned judgment/decree dated 06.2.2003 passed by the Ld. Trial Court is not sustainable in law and is liable to be set aside. The present case is required to be remanded back to the Ld. Trial Court, who shall frame the appropriate issues and shall give reasonable opportunities to both the parties to lead their respective evidence and to address the arguments on the issues to be framed and shall return its clear, specific and reasoned findings on the said issues in accordance with law. 11. 7. A perusal of the aforesaid judgment dated 22 Thus in view of the aforesaid discussion and observations, the present appeal filed on behalf of the appellant is partly allowed and the aforesaid impugned judgment/decree dated 06.2.2003 passed by the Ld. Trial Court in Suit No. 235/02 is set aside. The present case is remanded back to the Ld. Trial Court for adjudication and disposal in accordance with law. TCR alongwith copy of this judgment be sent to back to the Ld. Trial Court. The parties are directed to appear before the Ld.Trial Court. on 14.5.2008 for further proceedings. Decree sheet be prepared accordingly. Appeal file be consigned to the record room. xxx xxx xxx” (Emphasis Supplied) nd April, 2008, shows that the impugned judgment and decree dated 06th February, 2003 challenging which, the present appeal had been filed, already stands set aside. Further, this Court also takes note of the submission made by learned counsel appearing for the DTC that after the remand of the suit before the learned Trial Court, the respondent herein, who is the plaintiff in the suit, stopped appearing. Thus, vide order dated 25th March, 2019, the said suit This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35 RFA 552/2003 Page 4 of 6 stands dismissed in default. 8. The order dated 25th March, 2019 passed by the learned Trial Court, reads as under: 9. This Court notes that the decretal amount was directed to be deposited by the DTC with this Court, as a condition for stay of the judgment and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35 RFA 552/2003 Page 5 of 6 decree dated 06th February, 2003 passed in Suit No. 235/2002. When the said judgment and decree dated 06th 10. This Court further takes note of the submission made by learned counsel appearing for the DTC, that they have made various attempts to serve the respondent. However, the respondent has already left his last known address. February, 2003, already stands set aside and even the suit filed on behalf the respondent herein, stands dismissed in default way back in the year 2019, there is no impediment in directing the release of the amount deposited with this Court, by the DTC. 11. He submits that the DTC is not aware of any other address of the respondent. Therefore, the DTC is unable to serve upon the respondent. 12. Considering the detailed discussions hereinabove, this Court is of the view that mere non-presence of the respondent, cannot be the ground for not allowing the present application, as the very basis for the deposit of the amount before this Court, no longer exists. 13. This Court further notes the submissions made by learned counsel appearing for the DTC, that the amount deposited by the DTC, has been converted into a Fixed Deposit Receipt (“FDR”) bearing no. 15530311332879, dated 03rd 14. The submission of the DTC in this regard, is reproduced as under: April, 2021, in the name of ‘Registrar General, Delhi High Court’. “xxx xxx xxx 4. That this Hon'ble Court had further enquired about the pendency of the application before this Hon'ble Court when the appeal stood transferred to the Ld. Additional District Judge. It is submitted that on enquiry, the Registry of this Hon'ble Court stated to the Applicant that the decretal amount deposited by the Applicant has been converted into a Fixed Deposit Receipt ("FDR") bearing no. 15530311332879 dated This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35 RFA 552/2003 Page 6 of 6 03.04.2021 in the name of "Registrar General, Delhi High Court". xxx xxx xxx” 15. Accordingly, the Registry of this Court is directed to release the amount deposited by the DTC, as kept in the aforesaid FDR, along with the interest, that has accrued therein. 16. The authorized and competent official of the DTC, shall approach the Registry of this Court, with an application in this regard. Upon filing of the application by the DTC, the Registry of this Court shall duly release the amount, along with the interest, to the DTC. 17. With the aforesaid directions, the present application is disposed of. MINI PUSHKARNA, J APRIL 22, 2025/kr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:35