SHIMLA JAL PRABANDHAN NIGAM LTD v. DEEP RAM AND OTHERS
CMP/25181/2025 · 2026-04-24
Sushil Kukreja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2134 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2134 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SJPNL Vs. Deep Ram (deceased) through LRs & Ors. CMPs No. 25181/2025 & 5942/2026 in RFA No. 154/2018 24.04.2026 Present: Mr. Hamender Singh Chandel, Advocate, for the non-applicant/appellant. Mr. D.N. Sharma and Mr. Rohit Chauhan, Advocates, for applicants/respondents No. 1(i) and 2 to 4. CMP No. 5942/2026 The present application under Order 1, Rule 10, read with Section 151 CPC has been filed by the applicant for his substitution, being sole legal heir of respondent No. 1, Deep Ram. As per the applicant, respondent No. 1 has expired on 22.08.2019 during the pendency of the present appeal and an application in this respect has been filed in the Registry of this Court, which was registered as CMP(M) No. 1040/2020, however, the said application remained undecided. The applicant Laxmi Chand is the sole legal heir of respondent No. 1, Deep Ram, as such, prayer for his substitution has been made in the application. The application is duly supported by an affidavit of the applicant, death certificate of the deceased as well as legal heirs certificate. Having regard to the averments made in the application, which is duly supported by an affidavit of the applicant, the same is allowed and applicant Laxmi Chand
….2... is ordered to be substituted in place of respondent No. 1, being his legal representative, who shall now figure as respondent No. 1(a) in the array of parties. The application stands disposed of. CMP No. 25181/2025 The present application under Section 151 of CPC has been filed on behalf of applicants/respondents No.1(a) & 2 to 4 for release of the award amount, alongwith up-to-date interest, lying deposited in the Registry of this Court. The application is duly supported by the affidavits of all the applicants. No reply to the application is intended to be filed and learned counsel for the non-applicant/appellant submitted that he has no objection in case the prayer made in the application is allowed, as no appeal has been preferred against the judgment passed by this Court and the same has attained finality. Heard. Having regard to the averments made in the application, which is duly supported by the affidavits of all the applicants, coupled with the fact that the award has attained finality, as till date, no appeal has been preferred against the judgment passed by this
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Court, the same is allowed and the amount lying deposited in the Registry of this Court, alongwith up-to- date interest, is ordered to be released in favour of applicants/respondents No.1(a) & 2 to 4, as per their respective shares, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been given vide Annexures A-2 to A-5. The application stands disposed of. ( Sushil Kukreja ) Judge 24th April, 2026 (raman)