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2025 DAILYLAW 23498 (HP)

STATE OF HP AND OTHERS v. TILAK RAJ

CARAP/86/2025 · 2025-09-12

Sandeep Sharma

body2025

Judgment text

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State of Himachal Pradesh & Ors. Vs. Tilak Raj CARBA No.6 of 2025 12.09.2025 Present: Mr. Anup Rattan, Advocate General, Mr. Rupinder Singh Thakur, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the petitioners. Mr. Udit Shaurya Kaushik, Advocate vice Mr. Nitin Thakur, Advocate, for the respondent. CARAP No.86 of 2025 By way of instant application filed under Section 151 of CPC, prayer has been made on behalf of applicant/respondent for release of award amount, lying deposited with the Registry of this Court. It has been averred in the application that applicant/respondent is in dire need of money on account of marriage of his daughter, scheduled to be held on 29.09.2025. Pursuant to notices issued in the instant application, non-applicants/petitioners have filed reply, wherein afore prayer made on behalf of the applicant/respondent has been opposed on the ground that in the event of appeal being allowed, it would be difficult to recover the amount from the applicant/respondents. Besides above, it has been further averred that appeal at hand may be heard at an early date. Since considerable time is likely to be consumed in disposal of appeal, coupled with the fact that award passed by learned Arbitrator is in favour of the applicant/respondent, there appears to be no justification to refuse the relief, as prayed for. Moreover, this Court finds that on account of marriage of his daughter, applicant/respondent is in dire need of money. It has been fairly stated on behalf of applicant/respondent that he shall furnish affidavit qua the amount, if any, ordered to be released by this Court in the instant application, specifially undertaking therein that in the event of appeal being allowed, he shall refund the entire amount along with interest. Consequently, in view of the above, present application is disposed of with a direction to the Registry to release Rs.40,00,000/- in favour of the applicant/respondent by remitting the same in his saving bank account, as detailed in para 4 of the application, subject to verification by the Accounts Branch of this Court, but release shall be subject to furnishing affidavit by the applicant/respondent that in the event of appeal being allowed, sum of Rs.40,00,000/- ordered to be released through this order shall be refunded to the applicant/petitioner along with upto date interest. Needless to say, remaining amount shall be invested in FDR till further orders. Application stands disposed of. September 12, 2025 (Sandeep Sharma), (sunil) Judge