(C.M.Application No.133617 of 2018) Heard Sri H.G.Upadhyaya, learned Additional Chief Standing Counsel appearing on behalf of the appellant and Sri Rajieu Kumar Tripathi, learned counsel for the respondent.
This is an application for withdrawal of the amount.
Submission of learned counsel for the respondent-applicant is that the appeal has been dismissed by means of the judgment and order dated 30.11.2017 but the amount deposited before this Court under the interim order dated 17.03.2011 has not been paid to the respondent so hecould not get the same. Therefore he has moved this application and prayed for release of the deposited amount in his favour.
Learned counsel for the appellant submitted that he had earlier sought time to seek instructions but he could not receive the same therefore appropriate order may be passed as the appeal has already been dismissed.
Considering the submission of learned counsel for the parties and since the appeal has already been dismissed by means of the judgment and order dated 30.11.2017 by this Court, the amount deposited before this Court shall be remitted to the concerned District Judge,Bahraich within a period of one month from today, to be adjusted towards the amount to be paid to the respondent under the arbitration award in accordance with law.
With the aforesaid, the application is disposed of.
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.............................................(Rajnish Kumar,J.) Order Date :- 27.8.2019 Akanksha