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High Court of Himachal Pradesh · body

2025 DAILYLAW 11276 (HP)

NTPC LIMITED v. JANGI RAM

CMP.M/891/2025 · 2025-06-16

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

N.T.P.C. Ltd. vs. Jangi Ram and others CMP(M) No.891 of 2025 16.06.2025 Present: Mr. Virender Thakur, Advocate, for the applicant-appellant. Mr. Ajeet Pal Singh, Advocate, for respondent No.2. Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.3 & 4/State. Respondent No.1 is stated to have expired. CMP(M) No.891 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.1, are brought on record as is being sought in the application. Respondent No.1 is stated to have expired on 21.07.2014. The same is evident from the Death Certificate appended along with the present application. From perusal of the Legal Heir Certificate appended along with the application, it is evident that based on a Will, the immovable property of the deceased respondent No.1 has been bequeathed on the legal heirs detailed in Paragraph-6 of the application. Since the right to sue inheres/survives with the legal heirs of deceased respondent No.1, detailed in Paragraph-6 of the application, therefore, they are ordered to be brought on record. For the bona fide reasons stated/sufficient cause shown in the application, delay in bringing on record the legal heirs of deceased respondent No.1, is condoned and abatement, if any, is set aside. The application stands disposed of. Amended memo of parties filed with the application is taken on record. CMP No.13338 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 amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants, as is being sought in the application. The appeal, in the case at hand, was disposed of by a Co- ordinate Bench of this Court on 27.12.2016. Learned counsel for the parties submit that no further proceedings against the said decision are pending before the Hon’ble Apex Court. 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 respective shares, i.e., 1/4th each. The amount be remitted to their bank account(s), details whereof have been given in Paragraph-4 of the application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) June 16, 2025 (KS) Judge