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High Court of Himachal Pradesh · body

2025 DAILYLAW 4318 (HP)

The Manager M/S Salson Steel Private Limited and ANR v. Sharif Mohammad

CMP/16859/2026 · 2026-08-07

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Manager M/s Salson Styeel Pvt. Ltd. & Anr. vs. Sharif Mohammad FAO No.345 of 2025 07.08.2026 Present: Mr. Naveen Awasthi, Advocate, for the appellants. Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate, for the respondent. CMP No.16859 of 2026 The present application under Section 151 of CPC, has been filed by the applicant/respondent Sharif Mohammad, for release of awarded amount in his favour, as lying deposited in the Registry of this Court. The application is duly supported with affidavit of the applicant. As per the applicant, he is not in position to earn his livelihood, particularly owing to the accident as occurred and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, his prayer for release of amount of compensation, as lying deposited in the Registry of this Court, may be accepted and the amount, as prayed for, may be ordered to be released in his favour. Learned counsel for the non- applicants/appellants, states that he doesn't intend to file any reply to the present application, but has opposed the application on the ground that if the amount, as prayed, is released in favour of the aforesaid applicant/respondent, it would be difficult for it to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. 4. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of aforesaid applicant/respondent and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 30% of the awarded amount of compensation in favour of applicant/respondent Sharif Mohammad alongwith up-to-date interest, after proper verification and identification by remitting the same to his saving bank account, detail whereof has been given in photocopy of the passbook annexed with the application as Annexure A-1. Needless to say that the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, aforesaid applicant/respondent, will have to refund the amount, so released in his favour, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge August 07, 2026 (reena)