NEERAJ JAIN vs TEHSIN & ORS.

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 09.07.2025 + CM(M) 1166/2025 NEERAJ JAIN .....Petitioner Through: Mr. Amit Srivastava, Ms. Akanksha and Ms. Uzma, Advocates versus TEHSIN & ORS. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. This Court by an Order dated 08.07.2025, had passed the following directions: “3. The present Petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] impugning the award dated 27.01.2025 passed by the learned Presiding Officer, MACT (East) Karkardooma Courts, Delhi [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the learned Tribunal has dismissed the Application seeking pre-mature release of the FDRs issued in the name of the Petitioner. 4. None appears for the Petitioner despite the matter being called out twice today. 5. A review of the Impugned Award shows that the Petitioner has sought pre- mature release of the FDRs giving a ground that he is unemployed and has no source of income. The learned Tribunal has examined this matter and found that a sum of Rs. 4 lacs have already been released to the Petitioner on 03.01.2024 and five FDRs in the sum of Rs. 1,70,000/- each were pre-maturely released on 13.05.2024. 5.1 The learned Tribunal has thus found that approximately, a sum of Rs.12,00,000/- has already been released in favour of the Petitioner till date. In these circumstances, it was held that given the fact that the amounts have already been released, no reason is found for pre-mature release of the remaining amounts. It is apposite to set out the Impugned Award in this behalf which is set out below: “Submissions heard.