Nic Ltd. vs . Pushpa Devi & Ors.

Citation : 2023 Latest Caselaw 17918 HP
Judgement Date : 10 November, 2023

Himachal Pradesh High Court
Nic Ltd. vs . Pushpa Devi & Ors. on 10 November, 2023
Bench: Sushil Kukreja
                    NIC Ltd.       vs.   Pushpa Devi & Ors.

                                                   CMP No.15873 of 2023 in




                                                                    .
                                                       FAO No.303 of 1997





10.11.2023 Present: Ms. Vandana Thakur, Advocate vice Mr.Surinder Saklani, Advocate, for applicant-respondent No.2(1)(c).

Ms. Nisha, Advocate, for the non-applicant- appellant.

CMP No.15873 of 2023 r Heard.

In view of the averments made in the application, the same is allowed and the guardian of applicant-respondent No.2(1)(c) is discharged and applicant-respondent No.2(1)(c), who has attained the age of majority, is permitted to be sued in his own capacity.

The application stands disposed of.

CMP No.15878 of 2023 Heard.

The present application has been filed on behalf of the applicant-respondent No.2(1)(c) Arpit Sharma for release of the amount of compensation lying deposited in the Registry of this Court.

As per the applicant, in view of the final decision of the appeal (FAO No.303/1997), vide judgment dated 23.03.2004, the amount of compensation, falling in the share of the applicant-respondent No.2(1) (c), lying ::: Downloaded on - 10/11/2023 20:39:56 :::CIS deposited with the Registry of this Hon'ble Court may be .

ordered to be released in his favour.

Learned counsel for the non-applicant-

appellant has submitted that she has no objection in case the share of the applicant-respondent No.2(1) (c), lying deposited in the Registry of this Court is released in his has been r preferredto favour, as the award has attained finality and no appeal against the judgment dated 23.03.2004 passed by this Court in FAO No.303 of 1997.

Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant and also in view of the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the amount of compensation, falling in the share of the applicant-respondent No.2(1)(c), lying deposited in the Registry of this Court alongwith up-to-date interest in his favour, after proper verification and identification, by remitting the same to his bank account, details whereof have been given in prayer clause of the application.

The application stands disposed of.



                                                 ( Sushil Kukreja )
     November 10, 2023                                 Judge
           (VH)




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