Unknown vs Managing Director V. Sarita
2023 Latest Caselaw 2154 HP

Managing Director v. Sarita

.

CMP Nos. 1754 & 1755 of 2023

in FAO No. 186 of 2014

13.3.2023 Present: Ms. Shubh Mahajan, Advocate, for the non-

applicants/appellants.

Mr. Ramesh Kumar, Advocate, for the non-

applicants/respondents No. 2 and 3.

CMP No. 1754 of 2023 By way of instant application filed under Order 32

Rule 12 read with Section 151 CPC, prayer has been made by

the applicants/respondent No.2 and 3 i.e. Kumari Kritika @

Kriti and Kumari Himanshu, for discharge of their natural

guardian Ms. Sarita as they have attained majority. No reply is

intended to be filed by the non-applicants.

Having heard learned counsel for the parties and

perused averments contained in the application, which is duly

supported by the affidavits as well as documents annexed

therewith, this Court finds that interest of the

applicants/respondent No.2 and 3 i.e. Kumari Kritika @ Kriti

and Kumari Himanshu was earlier being protected by Ms.

Sarita. Since the applicants have attained majority, they are

entitled to prosecute the case in their independent capacity and

as such, prayer made on their behalf of discharge of natural

guardian, deserves to be allowed.

Consequently, in view of the above, the application

is allowed and applicants/respondent No.2 and 3 i.e. Kumari

Kritika @ Kriti and Kumari Himanshu are discharged from the

natural guardianship of Ms. Sarita, who are further allowed to

prosecute the case in their own independent capacity.

.

Application stands disposed of.

CMP No. 1755 of 2023

By way of instant application filed under Section

151 CPC, prayer has been made on behalf of the

applicants/respondents No. 2 and 3 for release of the award

amount lying deposited in the Registry of this court. Learned

counsel representing r the non-applicants/appellants fairly

states that appeal bearing FAO No. 186 of 2014, having been

filed by the non-applicants/appellants stands finally decided

inter-se parties before the Lokadalat held on 6.12.2014 in this

Court. Since no appeal, whatsoever, has been filed against the

aforesaid judgment passed by this Court in the superior court

of law by either of the parties, same has attained finality.

Consequently, in view of the above, this court sees

no impediment in accepting the prayer having been made by

the applicants for release of award amount lying deposited in

the Registry of this Court and accordingly, the application is

allowed and Registry is directed to release the award amount in

favour of the applicants, by remitting the same in their saving

bank accounts strictly as per their shares, detail whereof is

mentioned in para-5 of the application, subject to verification

by the Accounts Branch. Application stands disposed of.

    March 13, 2023                                     (Sandeep Sharma),
    manjit                                                   Judge