Dr D Y CHANDRACHUD, J
1 The main writ petition was dismissed by a judgment delivered by this
Court on 6 March 2018. In the present application, the following directions have
been sought:
“I. Direct the Registry of this Hon’ble Court to return the sum of
Rs.10 lakhs lying deposited before the Hon’ble Court to the
petitioners; and/or
SUBHASH CHANDER II. Direct the Respondents to refund the sum of Rs.25 lakhs
the petitioners before this Hon’ble Court to the petitioners;
and/or
III. Direct return of the title deeds deposited by the petitioners
before this Hon’ble Court to the petitioners..”
During the pendency of the proceedings, an interim order dated 20 February
2017 was passed in the following terms:
“Let the matter be listed on 10.4.2017.
In the meantime, the petitioners shall deposit a sum of
Rs 50,00,000 (Rupees fifty lac only) before the Registry of
this Court. 50% of the said amount shall be paid to the 1st
respondent without furnishing any security and the balance
amount shall be kept in an interest bearing short term fixed
deposit in the UCO Bank, Supreme Court Compound, New
Delhi.”
Subsequently, by an order dated 10 April 2017, the earlier order was modified
in the following terms:
“Regard being had to the submissions advanced at the Bar,
we are only inclined to modify the aforesaid order to the extent
that the petitioner shall deposit a sum of Rs 35,00,000 (Rupees
thirty five lakhs) by 17 April 2017. The title deed as prayed for
be filed on or before 29 April 2017. The respondents are
permitted to withdraw Rs 25,00,000 (Rupees twenty five lakhs)
without furnishing any security.”
2 On 18 April 2017 an extension of time of three days was granted to
deposit the sum of Rs 25,00,000 and for the balance until May 10, 2017. The
respondents were granted liberty to withdraw an amount of Rs 25 lakhs as
indicated in the earlier order dated 10 April 2017.
3 During the course of the hearing, parties had agreed to pursue the
possibility of a settlement through mediation which was recorded in the order of
this Court dated 4 May 2017. The mediation failed.
4 On 30 October 2017 this Court directed that the fixed deposit receipt be
renewed for a period of six months.
5 Pursuant to the above interim directions, the petitioners deposited a sum
of Rs 35 lakhs. Out of the said amount, a sum of Rs 25 lakhs was withdrawn
by the respondents. A balance of Rs 10 lakhs is lying in deposit with the
Registry which was invested in a fixed deposit. The aforesaid amounts were
directed to be deposited by this Court in order to test the bona fides of the
petitioners. Now that the writ petition has been dismissed, we find merit in the
application of the petitioners, that they are entitled to a refund of the amount of
Rs 35 lakhs and the return of the title deeds deposited in this Court.
Consequently, we direct that the amount of Rs 10 lakhs (out of the above
mentioned amount of Rs 35 lakhs) which is lying in deposit with the Registry
shall be returned to the petitioners together with the accrued interest. The
respondents shall refund an amount of Rs 25 lakhs which was withdrawn by
them in pursuance of the interim directions, to the petitioners within a period of
three weeks hence. The petitioners shall also be entitled to return of the title
deeds deposited in the Registry.
6 The MA shall stand disposed of.
New Delhi; April 10, 2018