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2025 DAILYLAW 10463 (HP)

HP POWER CORPORATION v. Shamsher Singh

CMP/11069/2025 · 2025-09-08

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

The Himachal Pradesh Power Corporation Limited and another vs. Shamsher Singh and others CMP Nos.11066 to 11069 of 2025 & CMP Nos.11229 and 11230 of 2025 in RSA No.150 of 2018 08.09.2025 Present: Mr. Yashveer Singh Rathore, Advocate, for the non- applicants/ appellants. Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi, Advocate for the applicants/ respondents. CMP No.11066 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection if in case the application is allowed and the legal heirs of deceased respondent No.21 are ordered to be brought on record, as is being sought in the application. Respondent No.21-Babu Lal is stated to have expired on 12.10.2023. The same is evident from the Death Certificate appended along with the present application as Annexure A-1A. The Legal Heirs depicted in Paragraph-3 of the application are in consonance with the legal heirs detailed in the Legal Heirs Certificate appended along-with the application as Annexure A- 1B. Since the right to sue inheres/survives with the legal heirs of deceased respondent No.21, detailed in Paragraph-3 of the application, therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.11067 of 2025 No reply is intended to be filed on behalf of the non- applicants. The appeal, in the case at hand, was decided on 18.12.2019. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court, along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants, in terms of their shares detailed at Pages-274 to 276 of the paper-book. The amount be remitted to their bank accounts, detailed in Annexure-A1 to Annexure A-6 appended along-with the application, subject to proper verification. The application stands disposed of. CMP No.11068 of 2025 No reply is intended to be filed on behalf of the non- applicants. The appeal, in the case at hand, was decided on 18.12.2019. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court, along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants, in terms of their shares detailed at Pages-274 to 276 of the paper-book. The amount be remitted to their bank accounts, detailed in Annexure-A1 to Annexure A-6 appended along-with the application, subject to proper verification. The application stands disposed of. CMP No.11069 of 2025 No reply is intended to be filed on behalf of the non- applicants. The appeal, in the case at hand, was decided on 18.12.2019. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court, along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants, in terms of their shares detailed at Pages-274 to 276 of the paper-book. The amount be remitted to their bank accounts, detailed in Annexure-A1 to Annexure A-6 appended along-with the application, subject to proper verification. The application stands disposed of. CMP No.11229 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection if in case the application is allowed and the legal heirs of deceased respondent No.3, are ordered to be brought on record, as is being sought in the application. Respondent No.3-Smt. Sevti Devi is stated to have expired on 04.07.2022. The same is evident from the Death Certificate appended along with the present application as Annexure A-1A. The Legal Heirs depicted in Paragraph-3 of the application are in consonance with the legal heirs detailed in the Legal Heirs Certificate appended along-with the application as Annexure A-1B. From perusal of the same, it is evident that there are six legal heirs of deceased respondent No.3. However, by virtue of a Will, the entire property, in the case at hand, has been bequeathed in favour of Shamsher Singh and Mohinder Singh only. The said legal heirs are already on record as respondents No.1 and 2. In view of above, present application is allowed and name of deceased respondent No.3 is ordered to be deleted from the array of the respondents. The application stands disposed of. CMP No.11230 of 2025 No reply is intended to be filed on behalf of the non- applicants. The appeal, in the case at hand, was decided on 18.12.2019. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court falling to the share of deceased respondent No.21, along- with up-to-date interest accrued thereupon is ordered to be released in favour of the applicants [newly added respondents No.21(a) to 21(c)], in equal shares. The amount be remitted to their bank accounts, detailed in Annexure-A1 to Annexure A-3 appended along-with the application, subject to proper verification. The application stands disposed of. CMP No.17480 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection if in case the application is allowed and the legal heirs of deceased respondent No.19 are ordered to be brought on record, as is being sought in the application. Respondent No.19-Shri Narender Singh is stated to have expired on 26.12.2024 The same is evident from the Death Certificate appended along with the present application as Annexure A-1. The Legal Heirs depicted in Paragraph-3 of the application are in consonance with the legal heirs detailed in the Legal Heirs Certificate appended along-with the application as Annexure A-2. Since the right to sue inheres/survives with the legal heirs of deceased respondent No.19, detailed in Paragraph-3 of the application, therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.17481 of 2025 No reply is intended to be filed on behalf of the non- applicants. The appeal, in the case at hand, was decided on 18.12.2019. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court falling to the share of deceased respondent No.19, along- with up-to-date interest accrued thereupon is ordered to be released in favour of the applicants [newly added respondents No.19(a) to 19(d)], in equal shares. The amount be remitted to their bank accounts, detailed in Annexure-A3 to Annexure A-6 appended along-with the application, subject to proper verification. The application stands disposed of. RFA No.150 of 2018 Learned counsel for the appellants submits that an appropriate application on behalf of the appellants shall be filed for refund of the excess amount deposited by them in the Registry of this Court. As prayed, list after four weeks. Amended memo of parties be filed in the meanwhile. ( Bipin C. Negi ) September 8, 2025 (KS) Judge