Kamla Devi (Deceased) & Ors. vs . Hrtc.
2024 Latest Caselaw 16268 HP

Himachal Pradesh High Court

Kamla Devi (Deceased) & Ors. vs . Hrtc. on 23 October, 2024

Author: Sushil Kukreja

Bench: Sushil Kukreja

Kamla Devi (deceased) & ors. Vs. HRTC.

CMP No.18782 of 2024 in FAO No.438 of 2021

23.10.2024 Present: Mr. Rinki Kashmiri, Advocate vice Mr. Ajeet Jaswal, Advocate, for the applicants-appellants. Mr. Vinod K. Gupta, Advocate, for the respondent.

CMP No.18782 of 2024

Heard. The present application has been filed under

Section 151 of Civil Procedure Code (CPC) on behalf of the

applicant-appellant No.5 Ankush for release of his share in the

awarded amount of compensation lying deposited in the

Registry of this Court.

As per the applicant, he is in dire need of the

awarded amount as he has no sufficient financial source to

meet out his day-to-day expenses and also to meet out the

expenses incurred for the work in the field/orchard. Hence, it is

prayed that in view of the final decision of the appeal (FAO

No.438/2011), vide judgment dated 07.03.2023, the amount of

compensation falling in the share of the applicant and lying

deposited with the Registry of this Hon'ble Court may be

ordered to be released in his favour.

Learned counsel for the non-applicant/respondent

has submitted that he has no objection if the present application

is allowed and the amount of compensation lying deposited in

the Registry of this Court is released in favour of the applicant

as no appeal has been preferred against the judgment dated

07.03.2023 passed by this Court and the award has attained

finality.

Heard. Having perused the averments made in the

application, which are duly supported with the affidavit of the

applicant and also in view of the fact that the judgment passed

by this Court has attained finality, this Court finds it in the

interest of justice to release the amount of compensation, falling

in the share of the applicant and lying deposited in the Registry

of this Court alongwith up-to-date interest in his favour, after

proper verification and identification by remitting the same to his

bank account, details whereof have been given in para-9 of the

application.

The application stands disposed of.

                                                                          (Sushil Kukreja)
October 23, 2024                                                              Judge
      (VH)

DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=

VIRENDER HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 3c5f9e29e91dda973d928ffd06d59832d2dd97b9e2898117bfa7 38990a0ea7ba, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= fed3018c26866cd3d598cb3749b3fb29d4abef4b84983689d027

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Date: 2024.10.23 15:00:42+05'30' Foxit PDF Reader Version: 2023.2.0