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IN THE SUPREME COURT OF INDIA  CRIMINAL ORIGINAL JURISDICTION  

 MA NO 617 OF 2018  

 IN    

WRIT PETITION (CRIMINAL) NO 105  OF 2016     

SARASWATI SINGH AND ORS             ..Petitioners   

VERSUS  

SHAILESH SINGH AND ORS         ..Respondents    

O R D E R   

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  

II. Direct the Respondents to refund the sum of Rs.25 lakhs  

withdrawn by them out of the sum of Rs.35 lakhs deposited by  

the petitioners before this Hon’ble Court to the petitioners;  

and/or  

NON-REPORTABLE

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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.    

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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.    

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6 The MA shall stand disposed of.      

...........................................CJI                  [DIPAK MISRA]      

                                                    ...........................................J                  [A M KHANWILKAR]      

                                                    ...........................................J                  [Dr D Y CHANDRACHUD]    New Delhi;  April 10, 2018