How to get refund of security deposit from court
Ms. Ritu Agarwal
(Querist) 27 November 2012
This query is : Resolved
Dear Sir/Madam,
Thanks all of you for your feedback. I am always encourage to put up my querries infront of this forum because we get instant reply here. We don't have to wait for it too long. Once again I take this opportunity to thanks all the members.
I have come up with a neq query.
The company where I am working was asked to deposit a security amount in the court Rs. 740371/- Now the matter has been settled with that plaintiff. We are about to file the TErms of Settlement in the court after getting signature of that plaintiff.
Can you all please guide me what is the process of getting that security deposit back from the court. And can we ask for the interest amount for the period of two years for which that amount has remain deposited in the lower court.
Awaiting to get response at the earliest.
Thanking You,
With regards,
Ritu Agarwal
C.S. LL.B.
ajay sethi
(Expert) 27 November 2012
corss check whether the said amount has been placed by court in fixed depsoit . if it is deposited then you will gt with accrued interest .
on filing consent terms court will decree suit in terms of consent terms . make an application for refund of SD
Ms. Ritu Agarwal
(Querist) 27 November 2012
Dear Ajay Sir,
Thanks for your reply. Sir it means that when there is next date of hearing our advocate will fill the Terms of settlement signed by both the parties and then court will order for decree in terms of consent terms.
Will you clear that we again have to file for application for refund of SD or as for refund I have already included in terms of settlement will serve.
Thanks again.
Awaiting to get an early response.
Thanking You,
With Regards,
Ritu Agarwal
C.S, LL>B.
R.K Nanda
(Expert) 27 November 2012
u will have to file fresh application u/s
151 0f CPC for refund of SD.
ajay sethi
(Expert) 27 November 2012
after order is passed by court on basis of consent terms obtain certified copy of order . then make an application to the Registry for refund of security deposit
prabhakar singh
(Expert) 28 November 2012
Settlement terms ipso facto not allow to withdraw the deposited sum unless refund is sought by an other application.
Ms. Ritu Agarwal
(Querist) 28 November 2012
Dear Sirs,
Thank you all for your reply and solving my query.
Can you clear it Sir, that what will be the minimum time when we get back the security deposit amount from Court.
Thanks & Regards,
Ritu Agarwal
C.S., LL.B.
R.K Nanda
(Expert) 28 November 2012
after the order of court u can get it asap.
prabhakar singh
(Expert) 28 November 2012
Normally it takes a week when proper follow up is there.
Raj Kumar Makkad
(Expert) 29 November 2012
Nothing define comment can be made about the requirement of time.
