N.T.P.C. Ltd. Kol Dam vs Chhangu & Others
2021 Latest Caselaw 533 HP

                      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                             RFA No.: 333 of 2012

                                  Date of Decision: 08.01.2021




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    N.T.P.C. Ltd. Kol Dam, Barmana                        ....Appellant.

                                                                     Vs.





    Chhangu & others                                                                                     .....Respondents.

    Coram:
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge





    Whether approved for reporting?1 No
    For the appellant:                                       Mr. Jagdish Thakur, Advocate.
    For the respondents:                                     Mr.   Varun    Rana,                          Advocate,        for
                                                             respondents No.1 to 4.

                                                             M/s Somesh Raj & Dinesh Thakur and

                                                             Sanjeev Sood, Additional Advocates
                                                             General, with Ms. Divya Sood, Deputy
                                                             Advocate General, for respondent No. 5.

                                                             Through Video Conferencing



    Ajay Mohan Goel, Judge (Oral):

RFA No. 333 of 2012

Learned counsel for the parties ad idem that this

appeal is squarely covered by the judgment of this Court as reported in

General Manager Northern Railway Vs. Om Prakash and others,

2017(2) Him. L.R.1009, as followed in RFA No. 325 of 2012, titled as

NTPC Ltd. Kol Dam Versus Lekh Ram & others, decided on 15.12.2016

and this appeal be disposed of with the direction that the findings so

1 Whether the reporters of the local papers may be allowed to see the Judgment?

returned by the Co-ordinate Bench in 2017(2) Him. L.R.1009, as followed

in RFA No. 94/2014 as well as in RFA No. 325 of 2012 shall

mutatismutandis apply to this appeal also.

.

2. Accordingly, this appeal is disposed of with the

direction that the findings returned by the Co-ordinate Bench of this

Court in 2017(2) Him. L.R.1009 as well as in RFA No. 325 of 2012 shall

mutatismutandis apply to this appeal also and all directions so issued by

the Co-ordinate Bench shall be construed as having been issued in this

appeal also. Miscellaneous applications, if any, also stand disposed of.

CMP No.138 of 2021

This is an application, under Section 151 of the Civil

Procedure Code, filed by applicants/ respondents No.1, 2 and 4, for

release of amount.

According to learned counsel for applicants, the

judgment has attained finality. As such, application is allowed and

balance amount falling to the share of applicants, alongwith up-to-date

interest, is directed to be released in their favour. The amount be

remitted directly into the bank account as per particulars annexed with

the application. Application stands disposed of.

(Ajay Mohan Goel) Judge January 08, 2021 (rishi)