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HIGH COURT OF DELHI
JUDGMENT
NTPC LTD ..... Petitioner
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Mr. Puneet Taneja, Mr. Manmohan Singh Narula and Mr. Amit Yadav, Advocates.
For the Respondents : Mr. Naveen Sharma, Advocate.
1. In deference to the order dated 27.04.2023, Mr. Naveen Sharma, learned counsel appearing for the respondents submits that the respondent is agreeable to receive the amount as calculated by the Mediator as full and final settlement. [ The proceeding has been conducted through Hybrid mode ]
2. Upon consideration of the Mediator’s report dated 23.12.2022, drawn on the basis of the order dated 13.12.2019, whereby the learned Mediator had concluded that the respondent was entitled to a total sum of Rs. 19,89,008/- and after adjusting the amount of Rs. 13,27,000/which is stated to have already been deposited by the NTPC the petitioner herein, in the Court, a balance of Rs. 6,62,008/- was left to Neutral Citation Number 2023:DHC:3030 CM(M) 571/2017 which the respondent was entitled.
3. In view of the aforesaid submissions as also in view of the report of the learned Mediator, to which neither of the parties object, this Court deems it fit and proper to direct the petitioner to deposit a sum of Rs. 6,62,008/- before the learned Executing Court within three weeks from today. The learned Executing Court would disburse the same in accordance with law.
4. Mr. Naveen Sharma, learned counsel for the respondent also submits that a sum of Rs. 10,31,147.80/- was already deposited by the petitioner before the learned Executing Court and the same has been invested in the form of an FDR. Learned counsel submits that the same be directed to be released along with the accrued interest.
5. As per the submission made above, the aforesaid amount which has been invested in the form of an FDR, be also released to the respondent no.1/ his LRs along with the accrued interest.
6. Learned counsel for the respondent also submits that in the interregnum the respondent No.1 had unfortunately left for his heavenly abode and an appropriate application seeking impleadment of his LRs is already filed before the learned Executing Court.
7. Learned Executing Court is directed to consider the said application in accordance with law and disburse the aforesaid amounts to the rightful claimants within two weeks thereafter.
8. In view of the aforesaid, the petition along with pending application is disposed of with no order as to costs.
TUSHAR RAO GEDELA, J. MAY 1, 2023