Himachal Pradesh High Court
The General Manager Renukaji Project vs Sh. Yogeshwar Singh on 21 June, 2018
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
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CMP(M) No. 1313 of 2017 21.06.2018 Present: M/s. Shilpa Sood and Atul Jhingan, Advocates, for the applicantappellant.
Mr. Nitish Negi, Advocate, vice Mr. Ramesh Sharma, Advocate, for nonapplicant No. 1.
Mr. Vinod Gupta, Advocate, vice Mr. R.K. Negi, Advocate, for nonapplicants No. 2 and 3.
CMP(M) No. 1313 of 2017 According to learned counsel for the applicants, the judgment has attained finality. Learned counsel for the nonapplicant has no objection for release of the amount. As such, application is allowed and amount falling to the share of the applicants, namely, Vijay Kumar, Saroj Devi, Bholi Devi, Shamli Devi, Ashok Kumar, Rakesh Kumar and Kamla Devi (respondents No. 1 and 3 to 8), alongwith uptodate interest, is directed to be released in their favour. The amount be remitted directly into the bank accounts as per particulars mentioned in the application. If the applicants have already not disclosed, they shall file an affidavit, disclosing the entire shareholding and the proportionate share to which they are entitled to. Upon furnishing of such affidavit, entire amount falling to the share of the applicants is directed to be released in their favour.
Application stands disposed of.
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Cr.MP(M) No. 586 of 201821.06.2018 Present: Mr. Somer Chandel, Advocate, vice Mr. Vivek Sharma, Advocate, for the applicant.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for the non applicant.
r Cr. MP(M) No. 586 of 2018As per report of the Registry, reply has not yet been filed. Learned Additional Advocate General submits that the reply has already been vetted and he prays that he may be granted ten days more time to do the needful. Let reply be filed within a period of ten days. Rejoinder, if any, be filed within a period of one week thereafter.
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RFA No. 346 of 200521.06.2018 Present: Mr. B.C. Verma, Advocate, for the appellant None for respondents No. 1 to 6, 8 and 9.
Proposed Legal Representative No. 7(a) of deceased respondent No. 7 is ex parte.
r CMP(M) No. 1028 of 2016As per report of the Registry, steps have not yet been taken for the service of proposed legal representative No. 7(b). Mr. B.C. Verma, learned counsel prays for and is granted two weeks more time to do the needful. Thereafter, let notice be issued to proposed legal representative No. 7(b) returnable for 16th August, 2018.
List on 16th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CWP No. 201 of 201221.06.2018 Present: Mr. Ashwani K. Sharma, Senior Advocate, with Mr. Jeevan Kumar, Advocate, for the petitioner.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for the respondents.
The Additional Chief Secretary (Public Works r Department), is present in person.
Pursuant to order dated 20th June, 2018, the Additional Chief Secretary (Public Works Department) has put in appearance in person. This Court has had fruitful discussion with the officer. On the request of learned Additional Advocate General, list on 2nd August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 395 of 200921.06.2018 Present: M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for the appellants.
Ms. Leena Guleria, Advocate, vice Mr. G.R. Palsra, Advocate, for respondents No. 1, 2, 3 and 5.
Proposed legal representatives of deceased respondent No. 6, i.e., proposed L.Rs. No. 6(a) to 6(d) are ex parte.
None for respondent No. 4(a).
CMP(M) Nos. 1087 and 1088 of 2012 As per report of the Registry, steps have not been taken to bring on record the legal representatives of deceased proposed legal representative No. 6(e). As prayed for, two weeks' more time is granted to do the needful. Thereafter, notices be issued to the legal representatives of deceased proposed legal representative No. 6(e) returnable for 16 th August, 2018.
List on 16th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 329 of 201221.06.2018 Present: Mr. Jagdish Thakur, Advocate, for the appellant.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondent No. 4. r None for respondents No. 2 and 3.
CMP(M) Nos. 869 and 870 of 2013 Order dated 03.05.2018 not complied with.
Learned counsel for the appellant submits that the needful shall positively be done within a period of one week. Thereafter, notice(s) be issued to the nonapplicants returnable for 9 th August, 2018.
List on 9th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 229 of 201321.06.2018 Present: Mr. Rahul Mahajan, Advocate, for the appellant applicant.
Mr. Amit Jamwal, Advocate, vice Mr. Ajay Sharma, Advocate, for respondents No. 1 to 10, 12 and 14 to 16.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondent No. 17. CMP(M) No. 184 and 185 of 2018 By way of these applications filed under Section 5 of the Limitation Act, as also under Order 22 Rule 4 of the Code of Civil Procedure, prayer has been made to bring on record the legal representatives of deceased respondent No. 1 and also to condone the delay in filing the application to bring on record the legal representatives of deceased respondent No. 1. Despite service, the nonapplicants/proposed legal representatives No. 1 (a) and 1(b) are not present, accordingly they are proceeded against ex parte.
I have heard the learned counsel for the applicant and have also perused the averments made in the application.
Taking into consideration the averments made in the application and the submissions of the learned counsel, as this Court is satisfied that the delay in filing the application is bonafide and not intentional, accordingly the delay in filing the application to bring on record the legal representatives of ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
deceased respondent No. 1 is condoned. Further, the proposed legal representatives of deceased respondent No. 1, whose details are mentioned in para 2 of the application are ordered to be substituted as respondents No. 1 (a) and 1(b). Amended memo of parties be filed within a period of two weeks.
Application stands disposed of.
CMP(M) No. 186 and 187 of 2018 By way of these applications filed under Section 5 of the Limitation Act, as also under Order 22 Rule 4 of the Code of Civil Procedure, prayer has been made to bring on record the legal representatives of deceased respondent No. 11 and also to condone the delay in filing the application to bring on record the legal representatives of deceased respondent No.
11. Despite service, the nonapplicants/proposed legal representatives No. 11 (a) and 11(d) are not present, accordingly they are proceeded against ex parte.
I have heard the learned counsel for the applicant and have also perused the averments made in the application.
Taking into consideration the averments made in the application and the submissions of the learned counsel, as this Court is satisfied that the delay in filing the application is bonafide and not intentional, accordingly the delay in filing the application to bring on record the legal representatives of ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
deceased respondent No. 11 is condoned. Further, the proposed legal representatives of deceased respondent No. 11, whose details are mentioned in para 2 of the application are ordered to be substituted as respondents No. 11 (a) and 11(d).
Amended memo of parties be filed within a period of two weeks.
r Application stands disposed of.
CMP(M) Nos. 188 and 189 of 2018 As per report of the Registry, proposed legal representative No. 13(b) stands duly served. However, as no one has put in appearance on his behalf, accordingly he is ordered to be proceeded against ex parte.
Further, as per report of the Registry, proposed legal representatives No. 13(a) and 13(c) have not been served.
Let fresh steps be taken for the service of said respondents within a period of one week. Thereafter, notices be issued to them returnable for 9th August, 2018.
RFA No. 229 of 2013Let fresh steps be taken for the service of newly added respondents No. 1(a), 1(b) and 11(a) to 11(d) within a period of one week. Thereafter, notices be issued to them returnable for 9th August, 2018. List on 9th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
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CMP (M) No. 1116 of 201321.06.2018 Present: Mr. Ajay Chauhan, Advocate, vice Mr. Tek Chand Sharma for the applicant.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for nonapplicant No. 1.
Ms. Poonam Gehlot, Advocate, vice Mr. Neeraj Gupta, Advocate, for nonapplicant No. 2.
None for nonapplicant No. 6.
CMP (M) No. 1116 of 2013As per report of the Registry, steps for the service of nonapplicants No. 3 to 5, 7 and 8 have not yet been taken.
Taking into consideration the fact that the appeal is being listed after the year 2013, on the request of learned counsel appearing for the applicant, one more opportunity in this regard is granted. Let the needful be positively done within a period of one week. Thereafter, notices be issued to non applicants No. 3 to 5, 7 and 8 returnable for 8th August, 2018.
List on 8th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 4100 of 201321.06.2018 Present: Mr. Abhey Kaushal, Advocate, vice Mr. T.S. Chauhan, Advocate, for the appellant.
Mr. Mukesh Thakur, Advocate, vice Mr. Paresh Sharma, Advocate, for respondents No. 1 to 3.
As despite repeated opportunities, no steps have been taken to bring on record the legal representatives of deceased respondents No. 4 and 5, the appeal qua them is ordered to be abated.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CMP(M) No. 11260 of 201321.06.2018 Present: Mr. Rahul Mahajan, Advocate, for the appellant.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondent No. 3. Order dated 25.05.2018 not complied with. Mr. Rahul Mahajan, learned counsel for the appellant prays for and is granted four weeks time to do the needful. List thereafter.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 242 of 201421.06.2018 Present: Mr. Anand Sharma, Advocate, for the appellant.
M/s Pawan Gautam and Lalit Sehgal, Advocates, for respondents No. 1 to 12.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondents No. 13 & 14.
Respondent No. 1, namely Kamal Dev shall personally remain present in the Court on 25th July, 2018 to explain his conduct.
List on 25th July, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CMP(M) No. 322 of 201421.06.2018 Present: Mr. Anand Sharma, Advocate, for the applicant.
None for nonapplicant No. 1(b).
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for nonapplicant No. 3.
Mr. Anand Sharma, learned counsel for the applicant prays for and is granted three weeks' time to take steps in consonance with order dated 23.05.2018. List thereafter.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CMP(M) No. 360 of 201721.06.2018 Present: Mr. Amit Singh Chandel, Advocate, for the applicant/appellant.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for non applicants No. 1 and 2.
Nonapplicants No. 3 to 8 ex parte.
Mr. Amit Singh Chandel, who is appearing in the Court as a Legal Aid Counsel, has informed the Court that the applicant/appellant is not cooperating and he has resorted to misbehaviour and has also abused the learned counsel. Taking into consideration the fact that the services of Mr. Chandel were provided to the applicant/appellant through Legal Aid and Mr. Chandel happens to be an officer of the Court, before any further order is passed, this Court directs applicant Tanglu Ram to remain present in the Court on 27th June, 2018 to explain his conduct. His presence in the Court shall be ensured by the Station House Officer Rampur/concerned Station House Officer. Learned Additional Advocate General undertakes to inform the concerned Station House Officer about the factum of this order.
Copy dasti.
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CMP(M) No. 1261 of 201721.06.2018 Present: Mr. Jagdish Thakur, Advocate, for the applicant.
None for respondent No. 3.
Fresh notice(s) issued to nonapplicants No. 1, 2 and 4 are still awaited. Be further awaited for a period of two weeks.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
Cr. MP(M) No. 1536 of 201721.06.2018 Present: M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for the applicant.
As per report of the Registry, notice issued to the respondentaccused through Senior Superintendent of Police, Firozpur is still awaited.
List on 4th July, 2018, on which date, this Court shall call upon a report from the Senior Superintendent of Police, Firozpur as to why the notice has not yet been served upon the accused.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CWP No. 2230 of 201721.06.2018 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for non applicants No. 1,2 and 5.
Mr. Abhey Kaushal, Advocate, vice Mr. T.S. Chauhan, Advocate, for respondent No. 4. r Mr. Avnish Jaryal, Advocate, vice Mr. A.K. Vashishta, Advocate, for the proposed respondent.
CWP No. 2230 of 2017 & CMP No. 3783 of 2018 Mr. Khajuria, learned counsel prays for and is granted three weeks further time to file reply to the miscellaneous application. In the meanwhile, parties may complete pleadings as far as the main petition is concerned.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 649 of 201221.06.2018 Present: Mr. Rahul Mahajan, Advocate, for the appellant/nonapplicant.
Mr. Amit Jamwal, Advocate, vice Mr. Ajay Sharma, Advocate, for the applicants.
None for respondent No. 2.
CMP NO. 11244 of 2017 and CMP No. 4220 of 2018 On the request of Mr. Amit Jamwal, learned counsel appearing for the applicants, list after four weeks.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
RFA No. 76 of 2018 a/w RFA No. 122 of 2017 RFA No. 76 of 2018 21.06.2018 Present: Mr. Vivek Negi, Advocate, for the appellants.
Mr. Rajesh Verma, Advocate, for respondents No. 1 to 3.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondent No. 4. RFA No. 122 of 2017 Mr. Rajesh Verma, Advocate, for the appellants.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for respondent State.
Mr. Vivek Negi, Advocate, for respondents No. 2 and 3.
CMP No. 4390 of 2018 in RFA No. 76/2018 By way of this application, the applicants have prayed for the following reliefs:
"It is, therefore, prayed that this application may kindly be allowed and the deposit made in RFA No. 139 of 2016 titled The General Manager Renukaji Project, HPPCL & another Vs. Sh. Yogeshwar Singh & others in the sum of Rs.64,83,730/ may kindly be treated as having been made in the above titled RFA No. 76 of 2018 and necessary directions/orders in this regard may kindly be issued/passed in the interest of justice. Any other or further order that this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be passed in favour of the applicants/appellants."
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of 2016, titled The General Manager Renukaji Project, HPPCL & another Vs. Sh. Yogeshwar Singh & others is not disputed by the learned counsel appearing for the private parties.
Accordingly, this application is allowed with the direction that the amount which has been deposited by the present applicants/appellants in RFA No. 139 of 2016, titled The General Manager Renukaji Project, HPPCL & another Vs. Sh.
Yogeshwar Singh & others be treated as having been deposited in the present case, i.e., RFA No. 76 of 2018, titled The General Manager Renukaji Project HPPCL and another Vs. Yogeshwar Singh and others.
Submission of Mr. Negi, learned counsel for the applicants/appellants is taken on record that the amount of differential interest separately stands deposited.
Application stands disposed of.
CMP No. 2726 of 2018In view of the order passed in CMP No. 4390 of 2018, this application is disposed of by making order dated 28.03.2018 as absolute.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CMP(M) No. 125 of 201821.06.2018 Present: Mr. Vivek Negi, Advocate, for the applicants.
M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for nonapplicant No. 6.
As per report of the Registry, notice issued to non applicant No. 1 is still awaited. Now, let fresh steps be taken for the service of said nonapplicant within a period of one weeks and thereafter notice be issued to him returnable for 8 th August, 2018.
List on 8th August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP .
CMP(M) No. 432 of 201821.06.2018 Present: M/s Sanjeev Sood and Desh Raj Thakur, Additional Advocate Generals, with Mr. Kamal Kant, Deputy Advocate General, for the applicants.
Mr. Vir Bahadur Verma, Advocate, for non applicants No. 1 to 5.
As per report of the Registry, notices issued to non applicants No. 1 to 6 are still awaited. At this stage, Mr. Vir Bahadur Verma, learned counsel puts in appearance on behalf of nonapplicants No. 1 to 5. He prays for and is granted two weeks' time to file power of attorney on their behalf.
As prayed for by the learned Additional Advocate General, let dasti notice be issued for the service of non applicant No. 6 returnable for 2 nd August, 2018. Steps in this regard be taken within a period of two days. Dasti notice be handed over to the learned Additional Advocate General within two days thereafter.
List on 2nd August, 2018.
(Ajay Mohan Goel) Judge June 21, 2018 (bhupender) ::: Downloaded on - 21/06/2018 23:04:26 :::HCHP