CMP/14328/2020
2021 Latest Caselaw 299 HP

CMP No. 14328 of 2020 in FAO No. 24 of 2016

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06.01.2021 Present: Mr. B.M. Chauhan, Sr. Advocate with Mr. Hominder

Ghezta, Advocate for the non-applicant/appellant.

Ms. Meenakshi Pathania, Advocate for applicant/ respondent No. 2.

(Through Video Conference)

CMP No. 14328 of 2020

By way of this application, the applicant/respondent

No. 2 has prayed that as he has attained the age of majority, in

these circumstances, next friend of the applicant, who was

pursuing the case on his behalf, in his capacity as mother and

natural guardian, i.e. respondent No. 1, be discharged and

applicant/respondent No. 2 be permitted to pursue the case in his

own capacity as well as for released of award amount in favour

of the applicant. In support of the prayer made in the application,

copy of matriculation certificate of the applicant/respondent No.

2, namely, Vikrender, has been appended with the application as

Annexure A-1, a perusal of which shows that date of birth of the

applicant is 24.01.2002 and he has attained the age of majority on

23.01.2020.

No reply to the application is intended to be filed by

the non-applicants/appellant.

After hearing learned Counsel for the parties, the

application is allowed and mother of the applicant/respondent

No. 2 is discharged as guardian of applicant/respondent No. 2

and applicant/respondent No. 2 is permitted to pursue his case in

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his own capacity and further with the direction that the award

amount, as is due and admissible to the applicant, in terms of the

judgment passed by this Court, with up-to-date interest be

released in his favour by remitting the same in the bank account

of the applicant, as per details provided in the application.

r to The application stands disposed of accordingly.

At this stage, Mr. B.M. Chauhan, learned Senior

Counsel appearing for the non-applicant/appellant submits that

the balance award amount has now to be refunded to the

appellant. All that this court can observe is that in the event of an

appropriate application being filed by the appellant, appropriate

orders on the same shall be passed by the Court.

(Ajay Mohan Goel) Judge

Jan. 06, 2021 (narender)