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2025 DAILYLAW 5850 (HP)

HPSEB v. BALA RAM (Deleted) through LRs 1(a) Puran Chand

CMP/1426/2025 · 2025-03-10

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HPSEBL Vs. Bala Ram & Ors. CMP Nos.972, 973, 1421, 1422, 1423, 1424, 1425 and 1426 of 2025 in RFA No.248 of 2010 12.03.2025 Present: Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, fo the non-applicant/appellant. Mr. Ishan Sharma, Advocate, for the applicants/ respondent. CMP No.972 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants. The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon’ble Apex Court. The applicants are the legal heirs of deceased respondent No.3. They are entitled to 1/3rd share of the deceased respondent No.3. Besides the aforesaid 1/3rd share, they are entitled to half share of respondent No.1, as ordered vide order dated 20.09.2017. The aforesaid share has to be distributed equally amongst the legal heirs 3(a) to 3(f). In view of the aforesaid, for the reasons stated in the application, the same is allowed. The amount deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their share(s), detailed in Paragraph-2 of the application and as has been discussed herein above. The amount be remitted to the bank accounts, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of. CMP No.973 of 2025 For the reasons stated in the application, the same is allowed. The applicants are exempted from filing the translated copies of the documents in question. The application stands disposed of. CMP No.1421 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has not objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants. The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon’ble Apex Court. The present applicant, i.e., Smt. Bimla Devi is the legal heir of deceased respondent No.2. Deceased respondent No.2, i.e., Rattan Chand was entitled to 1/ 3rd share of the total compensation amount awarded in the case at hand. The aforesaid amount, by virtue of Will which has been placed on record was to be apportioned between the present applicant and Hira Singh, the other legal heir. As a consquence, the present applicant is entitled to 1/ 6th share of the amount payable to deceased Rattan Chand. The amount lying deposited in the Registry of this Court, due and payable to deceased Rattan Chand along-with proportionate interest accrued thereupon be released in favour of the present applicant, in terms of share as has been detailed (supra). The amount be remitted to the bank account, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of. CMP No.1422 of 2025 For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the translated copies of the documents in question. The application stands disposed of. CMP No.1426 of 2025 For the reasons stated in the application, the same is allowed. The delay in re-filing the application for release is condoned. The application stands disposed of. CMP No.1424 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants. The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon’ble Apex Court. The present applicant, i.e., Hira Singh is the legal heir of deceased respondent No.2. Deceased respondent No.2, i.e., Rattan Chand was entitled to 1/ 3rd share of the total compensation amount awarded in the case at hand. The aforesaid amount, by virtue of Will which has been placed on record was to be apportioned between the present applicant and Bimla Devi, the other legal heir. As a consquence, the present applicant is entitled to 1/ 6th share of the amount payable to deceased Rattan Chand. The amount lying deposited in the Registry of this Court, due and payable to deceased Rattan Chand along-with proportionate interest accrued thereupon be released in favour of the present applicant, in terms of share as has been detailed (supra). The amount be remitted to the bank account, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) March 12, 2025 (KS) Judge