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2025 DAILYLAW 38638 (HP)

THE CEO CUM SECRETARY AND ANOTHER v. POHU LAL SINCE DECEASED THROUGH HIS LRS KUSHALYA DEVI AND OTHERS

CMP/27516/2025 · 2025-12-03

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CEO-cum-Secretary, HIMUDA & Anr. Vs. Pohu Lal (deceased) through LRs & Ors. RFA No. 58/2024 03.12.2025 Present: Mr. C.N. Singh, Advocate, for the appellants. Mr. V.S. Chauhan, Senior Advocate with Mr. Arsh Chauhan, Advocate, for respondents No. 1(i) to 1(v), 2(i), 3(i) to 3(iii). Mr. Manoj Chauhan, Additional Advocate General, for respondents No. 4 & 5. CMP No. 27516/2025 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1(i) to 1(v), 2(i), 3(i) to 3(iii), for release of the award amount lying deposited in the Registry of this Court. As per the applicants, till date, no amount has been released in their favour and since the present appeal is likely to take considerable time for its disposal, some amount may be released in favour of the applicants, in the interest of justice. The application is duly supported with the affidavits of all the applicants. No reply to the application has been filed. However, learned counsel for the non-applicant/appellant has submitted that he has no objection in case some reasonable amount is released in favour of the applicant. Heard. Having perused the averments made in the application, which are duly supported with the ...2... affidavits of all the applicants, this Court finds it in the interest of justice to release 50% of the awarded amount, falling in the respective shares of applicants/respondents No. 1(i) to 1(v), 2(i), 3(i) to 3(iii), lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification by remitting the same to their bank accounts, details whereof have been mentioned in para-9 of the application. Ordered accordingly. In the event of appeal being allowed, the applicants/claimants will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. RFA No. 58/2024 Since the appeal already stands admitted, list for final hearing in due course. ( Sushil Kukreja ) Judge 3rd December, 2025 (raman)