Himachal Pradesh High Court
Tashi Phunchog vs . Cbi on 6 October, 2023
Tashi Phunchog vs. CBI Cr.MP(M) No.2050 of 2023 .
06.10.2023 Present: Mr. Sambhav Bhasin, Advocate, for the Applicant/appellant.
Mr. Anshul Bansal, Advocate, for the non- applicant/respondent.
of Cr.MP(M) No. 2050 of 2023 Learned counsel for the respondent has rt sought time to file reply. However, the perusal of previous orders shows that the matter is adjourned for filing the reply since 16th of August, 2023 and more than sufficient time has been granted to file reply. Hence, prayer of learned counsel for filing reply cannot be accepted and the same is rejected.
Heard.
The present application has been filed for condonation of delay in filing the appeal; it has been asserted that the applicant was behind the bars for the last 8 years. He had difficulty in arranging the counsel and the funds, hence, it has been prayed that delay in fling the appeal be condoned.
No reply has been filed despite having been granted sufficient opportunities.
::: Downloaded on - 09/10/2023 20:34:14 :::CISThe fact that the applicant is in custody is not disputed. Therefore, his plea that he was unable to .
arrange counsel and funds has to be accepted as correct.
Moreover, an appeal is a right of a person, whose liberty is being curtailed and should not be defeated on the of ground of delay. Consequently, the application is allowed and delay in filing the appeal is ordered to be condoned.
rt The application stands disposed of.
Criminal Appeal No. __ of 2023 It be registered.
The delay in filing the appeal has been ordered to be condoned in terms of the orders passed in Cr.MP(M) No2050 of 2023.
Notice. Mr. Anshul Bansal, Advocate, appears and waives service of notice on behalf of the respondent.
Copy of the appeal supplied to him.
Let record of the learned Trial Court be requisitioned.
Cr.MPST No.6445 of 2023.
It be registered.
Notice in the aforesaid terms.
::: Downloaded on - 09/10/2023 20:34:14 :::CISLearned counsel appearing on behalf the respondent prays for and is granted two weeks, time to .
file reply.
List on 20th October, 2023.
(Rakesh Kainthla) of Judge October 06, 2023 (ravinder) rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Tashi Phunchog vs. CBI Cr.MP(M) No.2107 of 2023 .
06.10.2023 Present: Mr. Sambhav Bhasin, Advocate, for the petitioner.
Mr. Anshul Bansal, Advocate, for the respondent.
of Cr.MP(M) No. 2107 of 2023.
Reply has been filed. Rejoinder not intended to be filed.
rt The present application has been filed for condonation of delay for filing the appeal. It has been asserted that applicant is behind the bars for the last 8 years. He is facing difficulty in arranging counsel and funds, which led to the delay, in filing the appeal. Hence, the application.
Application is opposed by filing reply, asserting that the applicant had processed, recommended/sanctioned/facilitated and disbursed 26 Crop Loan Kisan Credit Cards (KCC) with an outstanding amount of Rs.1.12 Crores to different borrowers/persons on the strength of fake revenue documents and Non Encumbrance Certificates. After investigation, 25 Challans were filed against the applicant and he was convicted in 22 cases. He is also involved in another case of CBI (RC-4/2015), in which 19 challans have been filed, ::: Downloaded on - 09/10/2023 20:34:14 :::CIS which are pending for trial. The applicant has failed to disclose sufficient reasons for condoning of delay in .
filing the appeal in time. The applicant could have availed the services of the legal aid counsel through Legal Services Authority, hence, it was prayed that this of application be dismissed.
I have heard the learned counsel for the rt parties and gone through the records.
It has not been disputed that the applicant was in custody, therefore, his plea that he was unable to arrange counsel and funds has to be accepted as correct.
The plea of the respondent that he could have engaged a legal aid counsel cannot be held against the applicant, as he has a right to engage a counsel of his own choice and a counsel cannot be thrust upon him, merely, because he happens to be behind the bars. Thus, the application is allowed and the delay in filing the appeal is ordered to be condoned.
The application stands disposed of.
::: Downloaded on - 09/10/2023 20:34:14 :::CISCriminal Appeal No. __ of 2023 It be registered.
.
The delay in filing the appeal has been ordered to be condoned in terms of the orders passed in Cr.MP(M) No. 2107 of 2023.
of Notice. Mr. Anshul Bansal, Advocate, appears and waives service of notice on behalf of the respondent.
rt Copy of the appeal supplied to him.
Let record of the learned Trial Court be requisitioned.
Cr.MPST No6595 of 2023 It be registered.
Notice in the aforesaid terms.
Learned counsel appearing on behalf the respondents prays for and is granted two weeks, time to file reply.
List on 20th October,2023.
(Rakesh Kainthla) Judge October 06, 2023.
(ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kalpana Pathania vs. Parveen Kumar & others .
.
RSA No. 375 of 202206.10.2023 Present: Mr. Ram Kumar, Advocate, for the appellant.
Mr. Surender K. Sharma, Advocate, for the of respondents.
RSA No. 375 of 2022rt Record of the learned Courts below be requisitioned and thereafter the matter be listed for admission-hearing.
CMP No. 17540 of 2022Reply to the CMP has been filed. Rejoinder, if any, be filed within a period of three weeks.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Indara Devi & others Vs. Rakesh Kaushal & another FAO No. 299 of 2010 .
06.10.2023 Present: Mr. Shanti Swaroop, Advocate, for the applicant No.3.
Mr. Munish Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for the non-applicant.
of CMP No. 70715 of 2023 An application under Order 32 Rule 12 of the Code rt the of Civil Procedure for discharging the legal guardian on behalf of applicant No.3 has been filed. It has been asserted that applicant No.3, has attained the age of majority. The copy of mark-sheet (Annexure A-2), containing the date of birth has been filed alongwith the application. Therefore, it was prayed that the application be allowed and the legal guardian be discharged.
Notice of the application was issued to the legal guardian; however, she did not appear.
Order 32 Rule 12 of Code of Civil Procedure, provides that a minor plaintiff or applicant on whose behalf an application or suit is pending, on attaining the majority, shall elect whether he would proceed with the suit or application and where he elect to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.
It is apparent from the bare perusal of this Rule that before an application under this Rule can filed, a suit or ::: Downloaded on - 09/10/2023 20:34:14 :::CIS some application should have been pending, in which the legal guardian is representing the minor. In the present .
matter, no proceedings are pending. F.A.O. No. 229 of 2010, in which legal guardian was appointed was decided on 08.04.2016. Hence, the necessary condition that the suit or application is pending is lacking in the present case and the of application does not lie under Order 32 Rule 12 of CPC..
It was submitted that it is necessary to discharge rt the legal guardian to straighten the record and to establish on record the fact that minor applicant has attained the majority;
however, this submission cannot be accepted.
The present proceedings are independent proceedings for the release of the amount and it is open to the applicant to assert that she has attained the majority and place the proof of the factum of his/her attaining the age of majority on record. No application for discharging the legal guardian is required to be filed in such an eventuality. As already stated, that the discharge of the legal guardian pre supposes the appointment of the legal guardian in the proceedings in which the discharge is sought.
Since, no legal guardian has been appointed in the application for releasing of the amount, therefore, the discharge cannot be sought on the ground that it is essential to keep the record straight.
::: Downloaded on - 09/10/2023 20:34:14 :::CISConsequently, the present application is dismissed, as the same is not maintainable.
.
Application stands disposed of.
CMP No. 10716 of 2023In the application for releasing of the amount, it has not been mentioned, for which purpose amount is of required.
Learned counsel appearing on behalf of applicant rt prays for and is granted two weeks' time to file an affidavit specifying the reason for which purpose the amount is required.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Bakshish Devi & another Vs. Tara Singh & others .
RSA No.154 of 201906.10.2023 Present: Mr. Divya Raj Singh, Advocate, for the appellants.
Ms. Sunny Modgil, Advocate, for respondent No.1.
None for respondents No. 3 to 6 though of represented.
None for respondent No.2 though served. rt Records of the learned Courts below have been received.
List after one week, as prayed by the learned counsel for the appellants.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Dharamveer Garg Vs. Dwaraka Dass Sharma RSA No. 235 of 2021 .
06.10.2023 Present: Mr. Sanket Sankhyan, Advocate, for the appellant.
Mr. Naveen Awasthi, Advocate, for the respondent.
CMP No. 8792 of 2023of It has been stated that the reply has been filed in the Registry, however, the same is not on record. Registry is rt directed to trace and place it on record, if otherwise in order.
Rejoinder, if any, be filed within a period of two weeks and matter be listed thereafter.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS OIC Ltd. Vs. Satya Devi & others CMP Nos. 8642 & 8643 of 2023 .
in FAO No. 249 of 201006.10.2023 Present: Mr. Munish Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for non-applicant/appellant.
Mr. Surender K. Sharma, Advocate, for applicants/respondents No.2 and 3.
of List after two weeks, as prayed for.
rt (Rakesh Kainthla)
Judge
October 6 2023
(ravinder)
::: Downloaded on - 09/10/2023 20:34:14 :::CIS
Malla Dhiman through his LRs Vs Rakesh Kumar Cr.MP(M) No. 3135 of 2023 .
in Cr. A No.____ of 2023 06.10.2023 Present: Mr. Piyush, Advocate, vice Mr. Onkar Jairath, Advocate, for the applicants.
Cr.MP(M) No. 3135 of 2023.
of It has been reported that the respondent has died.
Learned vice counsel appearing on behalf of the applicants rt prays for and is granted two weeks time to obtain instructions in the matter.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Anna Singh alias Nimal Kaur (since deceased) through her LRs Vs. State of H.P. & others .
CMP(M) No. 1321 of 202306.10.2023 Present: Mr. Janesh Gupta, Advocate, for the applicants/appellants.
Mr. Navlesh Verma, Additional Advocate General, with Mr. Prashant Sen, Deputy Advocate General, for non-applicant/ respondent No.1-State.
of CMP(M) No. 1321 of 2023 Notice.
rt Mr. Prashant Sen, learned Deputy Advocate General appears and waives service of notice on behalf of non-applicant/respondent No.1-State and seeks four weeks' time to file reply.
Let notice be issued to the remaining non-
applicants/respondents, returnable within a period of four weeks, on taking steps within a period of one week.
(Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Tashi Phunchog vs. CBI Cr.MP(M) No. 1247 of 2023 .
06.10.2023 Present: Mr. Subhash Sharma, Advocate, for the Applicants/appellants.
.MP(M) No. 1247 of 2023of Let notice be issued to the non-
applicant/respondent, returnable within a period of four weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Gaurav & others Vs. Sita Ram CMP(M) No. 1247 of 2023 .
06.10.2023 Present: Mr. Subhash Sharma, Advocate, for the Applicants/appellants.
CMP(M) No. 1247 of 2023of Let notice be issued to the non-
applicant/respondent, returnable within a period of four weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla) Judge October 6 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mohinder Singh & others Vs. Bulu Ram & others.
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RSA No. 685 of 200805.10.2023 Present: Mr. Bhupender Gupta, Senior Advocate, with Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Divya Raj Singh, Advocate, for respondent No.1.
of None for respondents No.2 (a), 2(b), 3(a) to 3(d) though represented.
rt Respondents No. 4 and 5 are ex parte.
None for respondent No.6 though served.
List after one week, as prayed for.
(Rakesh Kainthla) Judge October 5 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Neeraj Guleria vs. Sonia FAO No. 109 of 2012 .
05.10.2023 Present: Mr. Bhupender Gupta, Sr Advocate, with Ms. Rinki Kashmiri, Advocate, for the appellant.
Mr. Rajnish Maniktala, Senior Advocate and Mr. Naresh Kumar Verma, Advocate, for the respondent.
of Heard in part. List for continuation on 6.10.2023.
rt (Rakesh Kainthla)
Judge
October 5 2023
(ravinder)
::: Downloaded on - 09/10/2023 20:34:14 :::CIS
Sh. Nitin Mehan & ors. Vs. Dushyant Kumar Sood.
.
RSA No. 296 of 2022Reserved on 03.10.2023 06.10.2023 Present: Mr. Bhupender Gupta, Advocate, with Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Naresh Kumar Sharma, Advocate, for the of respondent.
Admit on the following substantial question of law:-
rt
1. Whether the tenancy rights of Roshan Lal Sood, original tenant devolved upon his widow or his legal representatives as per Section 2(j) and Explanations-I & II of the Himachal Pradesh Urban Rent Control Act, 1987?
List for hearing in due course.
(Rakesh Kainthla) Judge October 06, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mast Ram & others vs. Nand Lal & others RSA No. 229 of 2023 .
Reserved on 03.10.2023 __.10.2023 Present: Mr. G.R.Palsra, Advocate, for the appellants.
RSA No. 229 of 2023Admit on the following substantial questions of law:-
of Whether the judgments and decrees passed by both the Courts below are nullity having been rt passed in ignorance of death of Smt. Dugra, who died in the year 2014?
Let notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week.
CMP No13730 of 2023 & CMP No. 13731 of 2023 Notice in the aforesaid term.
In the mean time judgment and decree passed by the learned Trial Court in Civil Suit No. 47-I/2014 and affirmed by learned District Judge in Civil Appeal No. 5 of 2023, shall remain stayed till further orders subject to furnishing the security bond in the sum of Rs.1,00,000/-
(Rupees One Lakh) with an undertaking to abide by the ultimate judgment and decree, which may be passed in the present appeal to the satisfaction of the learned Trial Court within one month from today.
List thereafter.
Rakesh Kainthla)
__October, 2023 Judge
(ravinder)
::: Downloaded on - 09/10/2023 20:34:14 :::CIS
.
Salochna & Ors Vs. Jayoti Devi & os.FAO No. 200 of 2015
04.10.2023 Present: Mr. Radhey Shyam Gautam, Advocate, for the of applicants/appellant.
Mr. Sanjay Bhardwaj, Advocate, for non- applicants/respondents No.1 and 2. rt Mr. Munish Thakur, Advocate, vice Mr. Jagdish Thaur, Advocate, for respondent No.3.
CMP No. 13728 of 2023Learned counsel appearing on behalf of non-
applicants have raised no objection in case present application is allowed.
In view of no objection as well as the fact the applicants are major and application is duly supported with the affidavit of all the applicants, amount as per their shares be released in their favour after due verification, by remitting the same in their respective individual bank accounts, the details of which are given in para 2 of the application.
The application stands disposed of.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kirti Singh alias Kirat Chand & others Vs. LAC & others .
Arbitration Case No.663 of 2023 04.10.2023 Present: Mr. Devender K. Sharma, Advocate, for the petitioners.
Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Additional of Advocate General and Ms. Parshant Sen, Deputy Advocate Generals, for rt respondent No.1.
Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for respondent No. 2 and 3.
Learned counsel for respondents No.2 and 3, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.
In view of the submission made by learned counsel for respondents No.2 and 3, as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months' time from the date parties appear before the learned Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding ::: Downloaded on - 09/10/2023 20:34:14 :::CIS interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are .
at liberty to agitate the issue of interest, which shall be considered by learned Arbitrator, as per law.
of The parties are directed to appear before learned Arbitrator on 18th October, 2023.
rt The petition stands disposed of.
The parties are permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.
(Rakesh Kainthla) Judge 4th October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kirti Singh alias Kirat Chand & others Vs. LAC & others .
Arbitration Case No.664 of 2023 04.10.2023 Present: Mr. Devender K. Sharma, Advocate, for the petitioners.
Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Additional Advocate of General and Ms. Parshant Sen, Deputy Advocate Generals, for respondent No.1.
rt Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for respondent No. 2 and 3.
Learned counsel for respondents No.2 and 3, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.
In view of the submission made by learned counsel for respondents No.2 and 3, as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months' time from the date parties appear before the learned Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are at liberty to agitate the issue of ::: Downloaded on - 09/10/2023 20:34:14 :::CIS interest, which shall be considered by learned Arbitrator, as per law.
.
The parties are directed to appear before learned Arbitrator on 18th October, 2023.
The petition stands disposed of.
of The parties are permitted to produce a copy of this order, downloaded from the web-page of rt the High Court of Himachal Pradesh, before the authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.
(Rakesh Kainthla) Judge 4th October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Sunita Vs. National Highways Authority of India & another .
Arbitration Case No.662 of 2023 04.10.2023 Present: Mr. Diwan Singh Negi, Advocate, for the petitioner.
Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh of Bhimta, Advocates, for respondent No.1.
Mr. Anup Rattan, Advocate General with rt Mr. Navlesh Verma, Additional Advocate General and Ms. Parshant Sen, Deputy Advocate Generals, for respondent No.2.
Learned counsel for respondent No.1, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.
In view of the submission made by learned counsel for respondent No.1, as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months' time from the date parties appear before the learned Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are at liberty to agitate the issue of interest, which shall be considered by learned ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Arbitrator, as per law.
The parties are directed to appear .
before learned Arbitrator on 16th October, 2023.
The petition stands disposed of.
The parties are permitted to produce a of copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the rt authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.
(Rakesh Kainthla) Judge 4th October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Narender Singh vs LAC & another Arbitration Case No.661 of 2023 .
04.10.2023 Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Additional Advocate General and Ms. Parshant Sen, Deputy of Advocate Generals, for respondent No.1.
Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh rt Bhimta, Advocates, for respondent No.2.
Learned counsel for respondent No.2, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.
In view of the submission made by learned counsel for respondent No.2, as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months' time from the date parties appear before the learned Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are at liberty to agitate the issue of interest, which shall be considered by learned ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Arbitrator, as per law.
The parties are directed to appear .
before learned Arbitrator on 31st October, 2023.
The petition stands disposed of.
The parties are permitted to produce a of copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the rt authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.
(Rakesh Kainthla) Judge 4th October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS State of H.P. & another Vs. Gorkh Singh .
CMP(M) No. 1285 of 202304.10.2023 Present: Mr. Navlesh Verma, Additional Advocate General with Mr.Parshant Sen, Deputy Advocate General, for the applicant/State.
Issue notice to the non-applicant/respondent, of returnable within four weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kamal Raj Vs. Mehar Singh (deceased) through LRs and others.
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RSA No. 227 of 2004 a/w RSA No.122 of 2019 RSA No. 227 of 200404.10.2023 Present: Mr. Ashok Sharma, Senior Advocate with Ms. Anubhuti Sharma, Advocate, for the appellants.
Mr. R.K.Sharma, Senior Advocate, with Ms. Anita of Tegta, Advocate, for respondents No.1 (a) to 1(h).
RSA No. 122 of 2019rt Mr. Ashok Sharma, Senior Advocate with Ms. Anubhuti Sharma, Advocate, for the appellants.
None for respondents though served.
Heard in part. List for continuation for 5.10.2023.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Narainu Ram Vs. Devi Dass & Ors.
RSA No. 334 of 2022.
04.10.2023 Present: Mr. Mohit, Advocate, vice Mr. Kush Sharma, Advocate, for the appellant.
CMP No. 16333 of 2022Learned counsel for the appellant has withdrawn the present application and submitted that he will file an of application for ad-interim injunction under Order 39 Rule 1 and 2 of CPC, if otherwise permissible under the law. The rt present application is dismissed as withdrawn.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mohinder Singh Vs. Baksheesh Singh (deceased) through his LRs & others.
.
RSA No. 104 of 202104.10.2023 Present: Mr. Neeraj Gupta, Senior, Advocate, with Ms. Rinki Kashmir, Advocate, for the appellant.
Mr. Atul G.Sood, Advocate, for the respondent.
CMP No. 13518 of 2023of Learned counsel appearing on behalf of appellant/non-applicant prays for and is granted two weeks' rt time to file reply. Rejoinder, if any, be within a period of one week thereafter.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Vinay Kumar Vs. Dev Raj (since deceased) RSA No. 170 of 2022 .
04.10.2023 Present: Mr. Divya Raj Singh, Advocate, for the appellant.
Sole respondent is dead.
CMP(M) No. 692 of 2023Issue notice to the proposed legal of representatives, returnable within four weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Brahma Nand vs. State of H.P. & others.
RSA No.153 of 2023.
04.10.2023 Present: Mr. Sanket Sankhyan, Advocate, for the appellant.
Mr. Navlesh Verma, Additional Advocate General with Mr. Parshant Sen, Deputy Advocate General, for respondents No.1 and 2.
Ms. Amita Chandel & Ms. Ankita, Advocates, for of respondents No.3(i) to 3(vii).
CMP No. 8203 of 2023rt It is stated that reply to CMP has been filed in the Registry. However, the same is not on record. Registry is directed to trace and place it on record, if otherwise in order.
RSA No. 153 of 2023Records of the learned Courts below have been received.
Let the matter be listed for admission hearing after three weeks.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Jitender Kumar Sharma Vs. Kalpna Raghav RSA No. 176 of 2023 .
04.10.2023 Present: Ms. Reeta Goswami, Sr. Advocate with Ms. Rekha Thakur, Advocate, for the appellant.
Mr. Desh Raj Thakur, Advocate, for the respondent.
CMP No. 9741 of 2023.
of Learned Counsel for the respondent prays for and is granted three weeks' time to file reply. Rejoinder, if any, be rt filed within a period of two weeks thereafter.
RSA No. 176 of 2023.
Records of the learned Courts below have been received.
Let the matter be listed for admission hearing after two weeks.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Vinay Kumar Vs. Dev Raj (since deceased) RSA No. 170 of 2022 .
04.10.2023 Present: Mr. Divya Raj Singh, Advocate, for the appellant.
Sole respondent is dead.
CMP(M) No. 692 of 2023Issue notice to the proposed legal of representatives, returnable within four weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kala Devi & others vs. BBMB & others.
CMP(M) No. 383 of 2023.
04.10.2023 Present: Mr. Vijay Chaudhary, Advocate, for the applicants.
Mr. N.K.Sood, Senior Advocate, with Mr.Aman Sood and Mr. Junesh Thakur, Advocates, for respondents No.1 and 2.
of Mr. Abhishek Nagta, Advocate, for respondent No.3.
rt Mr. Navlesh Verma, Additional Advocate General, with Mr. Prashant Sen, Deputy, Advocate General, for respondent No.4.
It has been pointed out that an application Order 1 Rule 10 CPC for deletion of the name of appellant No.1 Kala Devi was filed before the learned First Appellate Court, which remain undecided. Another application for bringing on record the legal representatives of Kuri Devi, was filed and the same was allowed on 25.03.2021, however, it appears that in the memo of parties of Judgment of learned First Appellate Court name of Kuri Devi was mentioned and the names of her legal representatives were not mentioned. Since it is a clerical error, therefore, the record be remitted to learned First Appellate Court to carry out the necessary correction in terms of order dated 25.03.2021, in the memo of parties of judgment passed by it and thereafter ::: Downloaded on - 09/10/2023 20:34:14 :::CIS to remit the record again to this Court, after doing the needful.
.
Learned counsel for the applicants seeks time to file a proper application for making necessary correction in the memo of parties before this Court. The of said application be filed within a period of two weeks.
List thereafter.
rt (Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
Piyar Chand Vs. Chhering Lamo & Others.
FAO No. 381 of 201404.10.2023 Present: Mr. Debender Ghosh, Advocate, for the appellant.
Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1 to 4.
of Mr. Munish Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for respondent No.5. rt It has been stated that the Power of Attorney on behalf of respondent No.5 has been filed in the Registry.
However, the same is not on record. Registry is directed to trace and place it on record, if otherwise in order.
List for hearing in due course.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Piyar Chand Vs. Chhering Lamo & Others.
FAO No. 381 of 2014.
04.10.2023 Present: Mr. Debender Ghosh, Advocate, for the appellant.
Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1 to 4.
Mr. Munish Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for respondent No.5.
of It has been stated that the Power of Attorney on behalf of respondent No.5 has been filed in the Registry.
rt However, the same is not on record. Registry is directed to trace and place it on record, if otherwise in order.
List for hearing in due course.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Laxmi Nand & others Vs. National Highways Authority of India & another.
.
Arbitration Case No.651 of 2023 14.08.2023 Present: Mr. Vishal Verma, Advocate, Proxy counsel for the petitioners.
of Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for rt respondent No. 1.
Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Additional Advocate General and Ms. Avni Kochhar, Deputy Advocate Generals, for respondent No.2.
Learned counsel for respondent No.1, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.
In view of the submission made by learned counsel for respondent No.1 as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months' time from the date parties appear before the learned ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding .
interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are at liberty to agitate the issue of interest, of which shall be considered by learned Arbitrator, as per law.
rt The parties are directed to appear before learned Arbitrator on 21st August, 2023.
The petition stands disposed of.
The parties are permitted to produce a copy of this order, downloaded from the web-
page of the High Court of Himachal Pradesh, before the authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.
(Rakesh Kainthla) Judge August 14, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
Krishna Devi Vs. Dulambu (deceased) through LRs & Others.
RSA No. 250 of 201004.10.2023 Present: Ms. Kanta Devi, Advocate, vice Mr. Rajesh Mandhotra, Advocate, for the appellant.
of Mr. Rohit Advocate, for respondents No.2 and 3 and proposed legal representatives of respondent No.1.
rt CMP No. 4102 of 2023 It appears that earlier notice to the proposed party has not been issued.. Let notice be issued to the proposed party, returnable within four weeks, on taking steps within a period of one week.
Power of Attorney on behalf of respondents No.1 (a) to 1 (f) has not been filed. Let the same be filed within a period of one weeks.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
Dhamwari Power Co. Pvt. Ltd. Vs. State of H.P. & another alongwith Arb. Appeal No.1 of 2023 Arbitration Case No. 316 of 2023 a/w Arb. Appeal No. 1 of 2023 Arbitration Case No. 316 of 2023 of 04.10.2023 Present: Mr. Vishwas Kumar, Advocate vice Mr. Suneet Goel, Advocate, for the petitioner.
Mr. Navlesh Verma, Deputy Advocate General rt with Mr.Parshant Sen, Deputy Advocate General, for the respondent/State.
Arbitration Appeal No.1 of 2023 Mr. Vishwas Kumar, Advocate vice Mr. Suneet Goel, Advocate, for the petitioner.
Mr. Navlesh Verma, Deputy Advocate General with Mr.Parshant Sen, Deputy Advocate General, for the respondent/State.
Arbitration case No. 316 of 2023 a/w Arb. Appeal No. 1 of 2023.
Reply stands filed. Rejoinder, if any, be filed within a period of one week.
List for consideration after three weeks.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Sobha Ram (deceased) through LRs & Ors. Vs. Chandermani & Ors.
.
RSA No. 28 of 202304.10.2023 Present: Mr. Devender K.Sharma, Advocate, for the appellants.
Mr. G.R.Palsra, Advocate, for respondents No.6, 9, 17(i) to 17(ii), 31 and 33.
of Respondents No. 10,11, 19, 22 and 32 died.
Respondents No. 24, 27 and 28 deleted. rt CMP(M) No. 988 of 2023 & CMP(M) No. 990 of 2023 Replies to the applications are still awaited. Be filed within a period of four weeks as last opportunity.
Rejoinder(s), if any, be filed within two weeks thereafter.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kuldeep Vs. Raghuvir Singh (since deceased) through his LRs.
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RSA No. 220 of 202204.10.2023 Present: Mr. Parav Sharma, Advocate, for the appellant.
Mr. K.D.Sood, Senior Advocate, with Mr. Het Ram Sharma, Advocate, for proposed LRs No.1(a) to 1(d).
of CMP No. 781 of 2023 Reply to the CMP is still awaited. Let the same be rt filed within a period of two weeks. Rejoinder, if any, be filed within a period of one week thereafter.
(Rakesh Kainthla) Judge October 04, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Ram Saroup & another Vs. Nardev Singh & connected matter RSA No.111 of 2009 .
with RSA No. 710 of 2008 RSA No. 111 of 200904.10.2023 Present: Mr. Vinod Gupta, Advocate, for the appellants.
Name of respondents No. 1 and 5 were deleted.
Ms. Amita Chandel, Advocate, vice Ms. Rachna of Kuthiala, Advocate, for respondents No. 2, 4 and 6. None for respondents No. 7 to 10 and 12 through rt served.
Mr. Neeraj Gupta, Senior Advoate with Ms. Rinki Kashmiri, Advocate, for respondent No.11.
RSA No. 710 of 2008Mr. Neeraj Gupta, Senior Advoate with Ms. Rinki Kashmiri, Advocate, for the appellant.
Name of respondents No. 1 and 5 were deleted.
Name of respondents No. 1 and 5 were deleted by the order of the Court.
Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for respondents No. 2 to 4 and 6. None for remaining respondents.
RSA No. 111 of 2009Respondent No.9 served for today but despite service, he is not present nor any reasonable cause has been assigned for his non-appearance in the Court. Hence, he is proceeded against ex parte.
Learned counsel appearing on behalf of appellants prays for and is granted a week's time to file ::: Downloaded on - 09/10/2023 20:34:14 :::CIS amended memo of parties and thereafter the matter be listed for final hearing in due course.
.
RSA No. 710 of 2008List for hearing in due course.
(Rakesh Kainthla) Judge of October 04, 2023 (ravinder) rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Dinesh Chona Vs. Om Prakash & others .
RSA No. 183 of 202203.10.2023 Present: Mr. Nimish Gupta, Advocate, for the appellant.
None for respondents no.1 though represented.
None for respondents No. 2 to 5.
of Power of Attorney on behalf of respondents has not been filed although more than one year has elapsed. Since rt respondents No. 2 to 5 were duly served on 24.08.2022 and Mr. Goldy Kumar has put in appearance on their behalf but he has not filed Power of Attorney of behalf of these respondents, therefore, there is no proper representation on behalf of respondents No. 2 to 5. Hence, respondents No. 2 to 5 are proceeded against ex parte.
Records of the learned Courts below have been received. List for admission hearing after two weeks.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Nardev Singh Vs. Parveen Kumar & another RSA No. 107 of 2023 .
03.10.2023 Present: Mr. Seema K.Guleria, Advocate, for the appellant.
Mr. Dheeraj K. Vashisht, Advocate, for respondent No.1 Respondent No.2 ex parte.
of RSA No.107 of 2023 Records of the learned Courts below have not rt been requisitioned. Let the same be requisitioned and thereafter the matter be listed for admission hearing.
CMP No.12283 of 2023Reply filed. Be listed along with the main appeal.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mohan Singh Vs. Stand of H.P. Cr. Appeal No. 393 of 2023 .
03.10.2023 Present: Mr. Ganesh Barowalia, Advocate, for the appellant.
Mr.R.P.Singh, Advocate General, for the State.
Cr.MP(M) No. 3208 of 2023of Heard. Order reserved.
rt (Rakesh Kainthla)
Judge
October 03, 2023
(ravinder)
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State of H.P. & other Vs. Rameshwar Dass CMP(M) No. 668 of 2023 .
03.09.2023 Present: Mr. Parshant Sen, Deputy, Advocate, General for the applicant/State.
It has been stated that CMP(M) Nos. 670, 671 , 672 and 673 of 2023, are similar in nature and are pending before this Court, therefore, the same be listed with the present matter.
of Reply filed. Rejoinder, if any, be filed within a period of two weeks. List thereafter.
rt (Rakesh Kainthla)
Judge
3rd October, 2023
(ravinder)
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of
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State of H.P. & other Vs. Jodha & others CMP(M) No. 12435 of 2023 .
03.09.2023 Present: Mr. Parshant Sen, Deputy, Advocate, General for the appellants.
Issue notice to the respondents returnable within four weeks, on taking steps within a period of two weeks.
of (Rakesh Kainthla) Judge rt 3rd October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mahesh Kumar Vs. Heera Singh .
Cr.MP(M) No. 2112 of 202303.09.2023 Present: Mr. Servedaman Rathore, Advocate, for the applicant/appellant.
Ms. Shashi Kiran Negi, Advocate, for the non- applicant/respondent.
Memo of appearance on behalf of respondent has been of filed and the same is taken on record.
Learned rt counsel appearing on behalf of non-
applicant/respondent prays for and is granted three weeks' time to file Power of Attorney and reply.
List thereafter.
(Rakesh Kainthla) Judge 3rd October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Mast Ram & others vs Nand Lal & others.
RSA No. 229 of 2023.
03.09.2023 Present: Mr. G.R. Palsra, Advocate, for the appellants.
Heard on admission. Order reserved.
(Rakesh Kainthla) of Judge 3rd October, 2023 (ravinder)rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Narender Pal Vs. Prem Sukh & others RSA No. 227 of 2023 .
03.09.2023 Present: Dr. Lalit Sharma, Advocate, for the appellant.
RSA No. 227 of 2023 and CMP No. 13727 of 2023.
Issue notice to the respondents, returnable within four of weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla)
Judge
3rd October, 2023
(ravinder)
::: Downloaded on - 09/10/2023 20:34:14 :::CIS
Narender Pal Vs. Prem Sukh & others RSA No. 228 of 2023 .
03.09.2023 Present: Dr. Lalit Sharma, Advocate, for the appellant.
RSA No. 228 of 2023 and CMP No. 13729 of 2023.
Issue notice to the respondents, returnable within four of weeks, on taking steps within a period of one week.
rt (Rakesh Kainthla)
Judge
3rd October, 2023
(ravinder)
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of
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Laxmi Bhardwaj Vs Lalit Kumar & others .
CMP No. 13324 of 2023 in FAO No. 281 of 2008 03.09.2023 Present: Mr. Ajay Singh Kashyap, Advocate, for the applicant/respondent.
Mr. Vishwas Kumar, Advocate, for the non- applicant/appellant.
of Learned counsel appearing on behalf of non-
applicant/appellant has raised on objection in case present rt application is allowed.
In view of no objection as well as the fact that the applicant is major and is entitled for amount, therefore, amount of his share be released in favour of the applicant after due verification, by remitting the same in the bank account of the applicant, the details of which are given in para 3 of the application.
The application stands disposed of.
(Rakesh Kainthla) Judge 3rd October, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Surinder Kumar Vs. Bimlesh Sharma & Ors.
RSA No. 115 of 2022.
03.10.2023 Present: Mr. Naveen Awasthi, Advocate, for the appellant.
Mr. Anu Tuli Azta, Advocate, for respondent No.1 Respondent No.2 is ex parte vide order dated 30.06.022.
of None for respondent No.3, through served for 25.07.2023.
rt Let records of the learned Courts below be requisitioned and thereafter the matter be listed for admission hearing.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Virender Kumar & Ors. Vs. Vinod Kumar & another RSA No. 90 of 2022 .
03.10.2023 Present: Mr. Virender Singh Rathore, Advocate, for the appellants.
Mr. Basant Pal Thakur, Advocate, for the respondents.
of Power of Attorney on behalf of respondents No.1 and 2 filed.
rtLet record of the learned Courts below be requisitioned and thereafter the matter be listed for admission hearing.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Dev Raj (deceased) through LRs Leela Devi Vs. State of H.P. .
RSA No. 25 of 202203.10.2023 Present: Mr. Basant Thakur, Advocate, for the appellant.
Mr. R.P. Singh and Mr. Prashant Sen, Deputy Advocate Generals for respondents-State.
of Learned counsel appearing on behalf of appellants prays for and is granted two weeks' time to file rt Power of Attorney.
Let record of the learned Courts below be requisitioned and thereafter the matter be listed for admission hearing.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS United India Insurance Company Ltd. Vs. Smt. Tara Devi & others.
FAO No.157 of 2016.
03.10.2023 Present: Dr. Lalit K. Sharma, Advocate, for the non-
Applicants- appellant.
Mr. Karan Singh Kanwar, Advocate, for the applicants No.1 and 2/respondents.
of None for respondent No.5.
CMP No. 13397 of 2023rt Learned counsel appearing on behalf of non-
applicants has raised no objection in case present application is allowed.
In view of no objection as well as the fact the application is duly supported with the affidavit of both the applicants, 25% amount of their shares be released in their favour after due verification, by remitting the same in the accounts in the individual bank accounts of the applicants, the details of which are given in para 4 of the application.
The application stands disposed of.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS ICICI Lombard Vs. Chakni & Ors.
FAO No. 239 of 2015.
03.10.2023 Present: Mr. Nimish Gupta, Advocate, for applicants.
Mr. Munish Kumar, Advocate, for the non-
applicant.
CMP No. 13334 of 2023of Learned counsel appearing on behalf of non-
applicants has raised no objection in case present application is allowed.
rt In view of no objection as well as the fact the application is duly supported with the affidavit of both the applicants, amount of their shares be released in their favour after due verification, by remitting the same in their individual bank accounts, the details of which are given in para 4 of the application.
The application stands disposed of.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS ICICI Lombard Vs. Dhano Devi & Ors.
FAO No. 240 of 2015.
03.10.2023 Present: Mr. Nimish Gupta, Advocate, for applicants.
Mr. Munish Kumar, Advocate, for the non- applicant.
of CMP No. 13336 of 2023 Learned counsel appearing on behalf of non-
applicants has raised no objection in case present application rt is allowed.
In view of no objection as well as the fact the application is duly supported with the affidavit of both the applicants, amount of their shares be released in their favour after due verification, by remitting the same in their respective individual bank accounts, the details of which are given in para 4 of the application.
The application stands disposed of.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Santosh Kumar Mukherjeet (deceased) through LRs Vs. Meena Devi & another .
RSA No. 17 of 200203.10.2023 Present: Mr. Bhupender Gupta, Advocate, with Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Sumit Sharma, Advocate, for respondents No.1(b), 4(a), 4(b) 5(a) to 5(c) & 6.
of Respondents No. 1(a) & 1(c), 2(b), 2(c) and 7(a) ex parte.
rt Name of respondents No. 2(a) and 7(b) are deleted.
Heard. Following additional substantial question of law is framed:-
3. Whether a single appeal was maintainable against the decretal of the suit and dismissal of the counter claim?
List for hearing in due course.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Sh. Nitin Mehan & ors. Vs. Dushyant Kumar Sood.
RSA No. 296 of 2022.
03.10.2023 Present: Mr. Bhupender Gupta, Advocate, with Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Naresh Kumar Sharma, Advocate, for the respondent.
of Heard on admission. Order reserved.
rt (Rakesh Kainthla)
Judge
October 03, 2023
(ravinder)
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Bal Krishan Sharma, Vs. Bal Krishan RSA Nos.259 of 1995 .
03.10.2023 Present: Mr. Abhishek Thakur, Advocate, vice Mr. Dr. Lalit Sharma, Advocate, for the appellants.
Ms. Kanta Thakur, vice, Ms. Rajesh Mandohtra, Advocate, for the respondents.
of Power of Attorney on behalf of appellants has not been filed despite various opportunities.
rt Let actual date notice be issued to the appellants, returnable within four weeks. List thereafter.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Shakila and another Vs. Bano @ Juni RSA No. 221 of 2020 with RSA No. 592 of 2019 .
03.10.2023 Present: Mr. Desh Raj Thakur, Advocate, for the appellants in both the appeals.
Mr. Karan Singh Kanwar, Advocate, for the respondent in both the appeals. .
of At the request of learned counsel for the rt appellants, list after one week.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Smt. Kamla Devi & others Vs. Munshi Ram (since Deceased) through his LRs Sh. Hari Krishan and others.
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RSA No.574 of 200603.10.2023 Present: Mr. Dushyant Dadwal, Advocate, for the appellants.
Mr. Ajay Thakur, Advocate, vice Mr. Athrav Sharma, Advocate, for respondents No.1(a) of and 1(b).
None for respondents No. 2, 3, 5,7 to 1o rt though represented.
Name of respondent No.12 has already been deleted.
Remaining respondents are ex parte.
Heard in part. List for continuation on 7th October, 2023.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Manoj Kumar Vs. State of H.P. Cr. Appeal No. 96 of 2023 .
03.10.2023 Present: Mr. Rakesh Chauhan, Advocate, for the appellant.
Mr. Prashant Sen, Deputy Advocate General for the respondent-State.
of It has been stated that order passed by this court was complied with by the appellant but the learned counsel rt does not have definite information regarding the Court before which the bail bonds were furnished. Let the exact details be ascertained and thereafter the matter be listed after one week.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Pratap Singh Vs. State of H.P. Cr.MP(M) No. 2401 of 2023 .
03.10.2023 Present: Mr. Raman Jamalta, Adocate, for the petitioner.
Mr. Navlesh Verma, Additional Advocate General with Mr. Prashent Sen Deputy Advocate General, for respondent-State.
Inspector Raj Kumar, I/O Police Station Karsog, of District Mandi, H.P. is present with police record.
Status report has been filed. rt It has been submitted on the part of the petitioner that there is inordinate delay in the progress of the trial, as till date only four witnesses have been examined out of 29 witnesses mentioned in the charge-sheet.
In view of this, petitioner be released on bail, however, before this prayer can be considered, it is appropriate that order sheets of the learned Trial Court be filed to enable this Court to determine whether delay in trial is attributable to prosecution or to the accused.
Let the matter be listed on 17th October, 2023.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
NIC Vs. Smt. Indira & Rekha and other FAO No.84 of 20216 03.10.2023 Present: Mr. Sunil Kumar, Advocate, for the applicant.
of CMP No.13353 of 2023 Let notice be issued to the natural guardian, rt returnable within two weeks, on takings steps within four days.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS Kavi Khanna Vs. Sita Devi & others.
FAO No. 93 of 2014.
03.10.2023 Present: Mr. Janesh Gupta, Advocate, for the appellant.
Mr. Anuj Gupta, Advocate te, for the respondents.
CMP No. 13325 of 2023of No reply is intended to be filed.
Keeping in view of the age of the applicant, rt hearing of the matter is ordered to be expedited. Application stands disposed of.
FAO No. 9 of 2014List for hearing on 12th October, 2023.
(Rakesh Kainthla) Judge October 03, 2023 (ravinder) ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS .
of rt ::: Downloaded on - 09/10/2023 20:34:14 :::CIS