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HAMDARD PUBLIC SCHOOL THR ITS PRINCIPAL vs AUGUSTINE MJ & ORS.

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$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 554/2024 & CM APPL. 13834/2025

HAMDARD PUBLIC SCHOOL
THR ITS PRINCIPAL …..Appellant
Through: Mr. Rahul Gupta and Mr. Raghwendra Pratap Rao, Advs.

versus

AUGUSTINE MJ & ORS. …..Respondents
Through: Ms. Renu, Ms. Arpita Singh and Ms. Shivani Verma, Advs. for R-1.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
HON’BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
% 07.03.2025

C. HARI SHANKAR, J.

CM APPL. 13834/2025 & LPA 554/2024

1. CM APPL. 75536/2024 has been moved by Respondent 1 for permission to withdraw, from the Registry of this Court, the amount deposited by the appellant-School pursuant to order dated 8 July 2024.

2. Mr. Gupta, who appears for the School, submits that, solely with respect to this appellant, as he has retired, and without prejudice to his rights and contentions against others, who may have challenged similar orders passed by the learned Single Judge, the School is willing to finally settle this appeal by permitting withdrawal, by Respondent 1, of the amount deposited by the appellant with the Registry of this Court.

3. Ms. Renu, who appears for Respondent 1 is also agreeable to the said proposal.

4. Accordingly, the Registry is directed to release, to Respondent 1, the amount deposited by the appellant with the Registry of this Court pursuant to order dated 8 July 2024 along with any interest which may have accrued thereon. It is made clear that this release shall bring to an end the dispute between the appellant and Respondent 1 and neither side would have any claim against the other hereafter.

5. It is also made clear that this order is passed without prejudice to the rights and contentions of the appellant in the present appeal and shall not amount to any expression of opinion on the merits of the said contentions. It is being passed in the peculiar circumstances of the case as the appellant has consented to the passing of the order given the fact that Respondent 1 had already superannuated.

6. Accordingly, the application as well as the LPA shall stand disposed of in the aforesaid terms.

7. The date already fixed stands cancelled.
C. HARI SHANKAR, J.

AJAY DIGPAUL, J.
MARCH 7, 2025/aky
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LPA 554/2024 Page 1 of 2