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High Court of Himachal Pradesh · body

2025 DAILYLAW 2477 (HP)

NTPC LTD v. RAMA AND ORS

CMP/26776/2025 · 2026-05-04

Sushil Kukreja

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NTPC Ltd. Vs. Rama (deceased) through LRs & Ors. CMPs No. 26776, 26777 & 26778/2025 in RFA No. 51/2015 04.05.2026 Present: Mr. Harshit Sharma, Advocate, vice Mr. Janesh Gupta, Advocate, for the non- applicant/appellant. Ms. Veena Sharma, Advocate, for applicants/respondents No. 1(i), 2 to 12, proposed respondents No. 13(i) & 13(ii), 14 to 16. Mr. Balwinder Singh, Deputy Advocate General, for respondent No. 17/State. CMP No. 26776/2025 The present application under Order 1, Rule 10 CPC has been filed by the applicant for impleadment of Kuldeep, as respondent, being legal heir of deceased respondent No. 13, Tilfu @ Ramdei. As per the applicant, deceased respondent No. 13 was survived by two daughters and two sons. However, she had executed a registered Will No. 383/2013, wherein she bequeathed her entire estate in favour of Rajender, Kuldeep, Preet Lal and Sanjeev Kumar. Amongst above legal heirs, Rajender, Preet Lal and Sanjeev Kumar @ Sanjay Kumar are already on record as respondents No. 1(a), 5 & 6. The application is duly supported by an affidavit of the applicant, death certificate of the deceased, copy of Will as well as legal heirs certificate. ...2... No reply to the application is intended to be filed on behalf of the non-applicant/appellant and learned vice counsel appearing on behalf of non- applicant/appellant, under instructions received from the original counsel, submitted that he has no objection in case the prayer made in the application is allowed. 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, Kuldeep, being successor of deceased respondent No. 13, Tilfu @ Ramdei is ordered to be impleaded as party in the present appeal and shall figure as respondent No. 13(i) in the array of respondents. The application stands disposed of. CMP No. 26777/2025 The present application under Section 151 of CPC has been filed on behalf of applicants/respondents No. 6 & 13(i), Sanjeev Kumar and Kuldeep, 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 both the applicants. ….3... No reply to the application is intended to be filed on behalf of the non-applicant/appellant and learned vice counsel appearing on behalf of non- applicant/appellant, under instructions received from the original counsel, submitted that he has no objection in case the prayer made in the application is allowed, as the award has attained finality and no appeal has been preferred against the judgment passed by this Court. Heard. Having regard to the averments made in the application, which is duly supported by the affidavits of both 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 Court, the same is allowed and the share of deceased respondent No. 13, Tilfu @ Ramdei, lying deposited in the Registry of this Court, alongwith up-to-date interest, is ordered to be released in favour of applicants/respondents No. 6 & 13(i), Sanjeev Kumar and Kuldeep, as per their respective shares, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been given in para-10 of the application. ….4... The application stands disposed of. CMP No. 26778/2025 For the reasons stated in the application, the same is allowed and the applicants are exempted from filing translated copies of Annexures P-1 to P-3. The application stands disposed of. ( Sushil Kukreja ) Judge 4th May, 2026 (raman)