Himachal Pradesh High Court
M/S Jaiprakash Associates Ltd. vs . Dharam Pal & Ors. A/W Connected on 26 August, 2022
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
M/s Jaiprakash Associates Ltd. vs. Dharam Pal & Ors. a/w connected matters RFA No.67 of 2017 a/w RFA Nos. 328, 374, 375 of 2016, 52 to 66, 68 to 76, 97, 111, 112, .
131 to 137, 240 to 247, 268 to 274, 276 to 285 of 2017, 103, 104, 106, 108, 109, 113, 120,121, 122, 124 to 126,130, 131 and 149 of 2018 26.08.2022 Present: Mr. Romesh Verma and Mr. Vipin Pandit, Advocates, for the respective appellants.
Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Shiv Pal Manhans, Addl. A.G., Mr. Yudbhir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for respondents-State.
Mr. Virender Thakur, Mr. Anil K. God, Mr. Nand Lal Chauhan, Mr. Naresh Sharma, Ms. Anaida Kuthiala, Mr. Ajay Kumar Sharma, Mr. Anuj Gupta and Mr. Rohit Sharma, Advocates, for the respective respondents.
CMP Nos. 7541/2022 in RFA NO. 136/2017, 7511/2022 in RFA No. 104/2018, 7876/2022 in RFA No. 106/2018, 7580/2022 in RFA No. 132/2017, 7574/2022 in RFA No. 135/2017, 7567/2022 in RFA No. 134/2017, 3012/2022 in RFA No. 120/2018 and 6243/2022 in RFA No. 70/2017 Heard. It is not in dispute that the appellants herein have not deposited the enhanced award amount of compensation in many of the appeals but at the same time it would expect the claimants/respondents to deposit the deficit Court fee. The appellants cannot have two standards one for themselves and other for the claimants.
In the given facts and circumstances of the case, all the applications for extension of time to deposit Court fee are allowed with a clear understanding that the claimants/respondents in all these cases shall furnish a specific undertaking to this Court, within a period of four weeks from today, clearly undertaking therein to pay the deficit Court fee immediately on the receipt of the enhanced amount of ::: Downloaded on - 29/08/2022 20:03:34 :::CIS -2- compensation or/and with further undertaking that the appellants herein/their successors at the time of release of the .
amount would be entitled to deduct the amount due towards the Court fee at the time of deposit of enhanced amount of compensation.
All the applications stand disposed of.
As regards the applications for condonation of delay, list the same on 16.09.2022.
(Tarlok Singh Chauhan) Judge August 26, 2022 (sanjeev) ::: Downloaded on - 29/08/2022 20:03:34 :::CIS