Himachal Pradesh High Court
FAO/122/2017 on 16 March, 2021
Bench: Sandeep Sharma
FAO No. 122 of 2017
16.3.2021 Present: Mr. Ishan Sharma, Advocate, for the appellant.
Mr. Dheeraj K. Verma, Advocate, for respondents No.
.
3, 4 and 5.
CMP No. 11259 of 2020
By way of instant application permission has been
sought by the applicants to place on record copy of judgment
dated 26.8.2016, passed by this Court in FAO No. 344 of 2011.
Learned counsel for the non-applicant has no objection in case
prayer made in the application is allowed.
r Having perused averments contained in the
application, this Court find that aforesaid judgment sought to be
placed on record may have direct bearing on the case at hand and
as such, same is required to be taken on record.
Consequently, in view of the above, application is
allowed and copy of judgment dated 26.8.2016, passed in FAO No.
344 of 2011 is ordered to be taken on record. Application stands
disposed of.
CMP Nos. 11136 and 11920 of 2020
By way of instant applications, prayer has been made
on behalf of applicants/respondent No.1 and 3 to 5, for release of the
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 some reasonable amount is ordered to be released in favour of
the applicants during the pendency of the appeal.
Having heard learned counsel for the parties and
perused averments contained in the applications, which are duly
supported by the affidavits, this Court finds that sum of Rs. 14,60,000/-
came to be awarded in favour of the applicants/respondents
alongwith other claimants on account of death of Sh. Rama Nand,
who happened to be husband of applicant/respondent No.1 and
.
father of respondents No. 3 to 5. Since deceased Rama Nand was
sole bread winner in the family, applicants/respondents as well as
other claimants are finding it difficult to make their day-to-day
expenses and as such, have approached this Court by way of instant
application with prayer to release award amount in their favour during
the pendency of the appeal.
r to
Consequently, in view of the above, this court sees no
impediment in accepting the prayer having been made by the
applicant for release of award amount lying deposited in the Registry
of this Court and accordingly, the applications are allowed and
Registry is directed to release Rs. 2,00,000/- to applicant/respondent
No.1 and Rs. 1,00,000/- each to the applicants/respondents No. 3 to 5
out of the amount falling in their shares, by remitting the same in their
saving bank accounts, detail whereof is mentioned in paras-8 of both
the applications, subject to verification by the Accounts Branch.
Applications stand disposed of.
FAO No. 122 of 2017
Entire amount stands transferred to this Court in terms
of order dated 24.12.2020 and same has been kept in FDRs.
Having taken note of the fact that parties are
litigating since 2007, this Court on the joint request having been made
by the learned counsel for the parties deems it fit to list the case on
6.4.2021. Ordered accordingly.
16th March, 2021 (Sandeep Sharma),
manjit Judge
