Himachal Pradesh High Court
Limited vs Krishan Chand Sharma And Others on 22 April, 2019
Author: Sandeep Sharma
Bench: Sandeep Sharma
CMP No. 3320 of 2019 in RFA No. 367 of 2018 .
22.4.2019 Present: Ms. Vandana Kuthiala, Advocate, for the applicants/appellants.
Mr. Kunal Thakur and Ms. Divya Sood, Deputy Advocates General, for respondents No.1 and 3. Ms. Rinki Kashmiri, Advocate vice Mr. Neeraj Gupta, Advocate, for respondent No.2.
By way of instant application, prayer has been made on behalf of the applicants/appellants for the release of amount lying deposited in the Registry of this Court. Learned counsel for the respondents state that they do not intend to file reply to the application and have objection in case, prayer made therein is allowed.
Being aggrieved and dissatisfied with the award dated 8.11.2012 passed by the District Judge (Forests), Shimla, applicants/appellants preferred RFA No. 367 of 2018 in this Court. This Court, vide judgment dated 26.10.2018, allowed the appeal and ordered that the directions contained in the judgment passed in RFA No. 481 of 2012 titled NTPC Limited, Kol Dam vs. Krishan Chand Sharma and others shall mutatis mutandis apply to the present case also.
However, this Court while applying ratio of the judgment passed by Hon'ble Apex Court in Dhiraj Singh [(2014) 14 SCC 127] held that the appellants shall not be entitled to the interest for the period of delay in approaching the High Court. Aforesaid judgment passed by this Court has already ::: Downloaded on - 22/04/2019 21:58:55 :::HCHP attained finality as no appeal, whatsoever, has been filed .
against the same in the Hon'ble Apex Court.
In view of above, this Court sees no impediment in accepting the prayer having been made in the instant application. Accordingly, the application is allowed. Registry is directed to release the award amount in favour of the applicants/appellants, by remitting the same into their saving bank accounts, details whereof are given in para-4 of the application, strictly as per their shares, subject to the verification by the Accounts Branch. Application stands disposed of in the aforesaid terms.
(Sandeep Sharma) Judge April 22, 2019 (vikrant) ::: Downloaded on - 22/04/2019 21:58:55 :::HCHP