CMP/170/2021
2021 Latest Caselaw 297 HP

CMP No.170 of 2021 in FAO No.79 of 2017

.

6.01.2021 Present: Mr. Virender Sharma, Advocate, for the

applicant/respondent No.1.

Mr. Jagdish Thakur, Advocate, for the non-applicant/ appellant.

Through Video Conferencing

By way of instant application filed under Section

151 of the Code of Civil Procedure, prayer has been made on

behalf of applicant/ respondent No.1 namely, Sh. Sushil

Bhimta for release of the entire award amount lying deposited

in the Registry of this Court.

Learned counsel representing the non-applicant/

appellant, states that he does not intend to file any reply to the

application and has no objection in case the prayer made in the

application is allowed.

Having perused the averments contained in the

application, which is duly supported by an affidavit, this Court

finds that appeal bearing FAO No.79 of 2017, having been filed

by the non-applicant/appellant stands finally decided by this

Court vide judgment dated 31.12.2018 and since aforesaid

judgment has not been laid challenge by either of the parties in

the superior Court of law, same has attained finality and as

such, this Court sees no impediment in accepting the prayer

made in the application.

Consequently, in view of the above, the present

application is allowed and Registry is directed to release the

entire award amount alongwith upto date interest, in favour

of applicant/claimant No.1, by remitting the same in his

.

saving bank account, details whereof are given in para-6 of the

application, subject to the verification by the Accounts Branch.

The Application stands disposed of.

(Sandeep Sharma), Judge

January 06, 2021 (shankar)