M/S. Shriram G.I. Co vs Hasratun Bibi & Others
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Orissa High Court

M/S. Shriram G.I. Co vs Hasratun Bibi & Others on 2 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        MACA No.676 of 2016
        M/s. Shriram G.I. Co., Ltd.
                                          ....                      Appellant
                                                       Mr. A.K. Dash, Advocate
                                       -versus-
        Hasratun Bibi & Others
                                          ....                  Respondents
                                                  Mr.T. K. Dash, Adv. for Resp.
                                                                      No.1 to 3


                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

02.01.2025

I.A. No.3015 of 2024 Order No.

06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard Mr. A. Dash, learned counsel for the appellant and Mr. T.K. Dash, learned counsel appearing for the Respondent Nos.1 to 3.

3. This I.A has been filed inter alia with the prayer to direct the Tribunal to disburse the entitlement of Respondent No.1 in favour of Respondent Nos.2 and 3.

4. It is contended that by the time the appeal was disposed of by this Court vide order dtd.18.01.2019, Respondent No.1 had already died on 30.06.2017. But the said fact could not be brought to the notice of this // 2 //

Court and accordingly after disposal of the matter with deposit of the amount by the appellant, the share of deceased Respondent No.1 is not being disbursed in favour of Claimant- Respondent Nos. 2 and 3, who are the legal heirs of Respondent No.1.

5. It is accordingly contended that appropriate direction be issued to the Tribunal to disburse the share of Respondent No.1 in favour of Respondent Nos.2 and 3 proportionately in terms of the judgment dtd.02.04.2016.

6. Learned counsel for the appellant contended that pursuant to the order passed by this Court on 18.01.2019 the amount in question has already been deposited before the Tribunal.

7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the I.A directs the Tribunal to disburse the share of deceased Respondent No.1 in favour of Respondent Nos.2 & 3 proportionately in terms of the judgment dtd.02.04.2016.

8. Accordingly, the I.A stands disposed of.

(Biraja Prasanna Satapathy)

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK Date: 02-Jan-2025 16:31:48