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High Court of Himachal Pradesh · body

2025 DAILYLAW 28445 (HP)

NTPC LTD v. SUBHASH

CMP/24768/2024 · 2025-02-25

Bipin Chander Negi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NTPC Ltd. vs. Subhash and others CMP Nos.24765 & 24768 of 2024 in RFA No.391 of 2014 25.02.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the appellant/non-applicant. Ms. Veena Sharma, Advocate, for the respondents/ applicants. CMP No.24765 of 2024 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case the legal heirs of deceased respondent No.16, namely Munshi, are brought on record as is being sought in the present application. Respondent No.16, in terms of Death Certificate appended along with present application, has expired on 28.12.2010. From perusal of the Death Certificate, it is evident that deceased Munshi Ram is survived by his seven legal heirs, detailed therein. However, in terms of Will, his property has devolved upon two legal heirs, namely Premi Devi and Chet Ram, the present applicants. Since the right to receive compensation, in the case at hand, has accrued upon the aforesaid two applicants, i.e., legal heirs of deceased respondent No.16, therefore, they are ordered to be brought on record. The application stands disposed of. Amended memo of parties be filed within two weeks. CMP No.24768 of 2024 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case the -2- amount lying deposited in the Registry of this Court is ordered to be released along with proportionate interest in favour of the present applicants, namely Premi Devi and Chet Ram. The appeal, in the case at hand, was dismissed vide judgment dated 06.04.2018. No further proceedings, in the case at hand, are pending before the Hon’ble Apex Court. In view of the fact that the right to receive the compensation amount has accrued upon the present applicants, namely Premi Devi and Chet Ram, the present application 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 by remitting the same in their bank accounts, as per their shares, details whereof, have been furnished in Paragraph-8 of the application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) February 25, 2025 (KS) Judge