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High Court of Himachal Pradesh · body

2025 DAILYLAW 11547 (HP)

NTPC v. DURGA DASS

CMP/9308/2025 · 2025-05-05

Bipin Chander Negi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NTPC Ltd. Kol Dam, Barmana vs. Durga Dass (deceased) through LRs. and others CMP No.9307 of 2025 in RFA No.121 of 2014 05.05.2025 Present: Mr. K.B. Khajuria, Advocate, for the applicant-claimant. Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.9 & 10/State. Mr. Shiv Pal Manhans, Advocate, for the respondent/applicant in CMP No.9307 of 2025. CMP No.9307 of 2025 Applicant -Akashay Kumar, i.e., respondent No.1(e)(i), respondent No.2(e)(i) and respondent No.4(a) are the same person, i.e., Akashay Kumar. He was previously represented by his mother, natural guardian. On attaining the age of majority, as is evident from the Matriculation Certificate appended along with present application, the application has been filed by said Akashay Kumar for the discharge of the natural guardian, i.e. his mother. In view of the fact that Akashay Kumar has attained the age of majority, the application is allowed. He is permitted to pursue his matter in his own capacity. The mother/natural guardian is discharged from defending the case on his behalf. The application stands disposed of. CMP No.9308 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 applicant. The appeal, in the case at hand, was decided on 22.06.2017. It is submitted by learned counsel appearing on behalf of the applicant that no further proceedings against the said decision are pending before the Hon’ble Apex Court. Other than the aforesaid, for the reasons stated in the application, the same is allowed. Applicant-Akashay Kumar would be entitled to compensation to the extent of 1/15th share of Durga Dass, 1/15th share of Gulaba and 1/3rd share of Shaleen. 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 applicant in terms of the shares. The amount be remitted to the bank account, details whereof, have been given in Paragraph-3 of the application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) May 05, 2025 (KS) Judge