Himachal Pradesh High Court
State Of H.P. & Ors. vs . Ram Kishan & Anr. on 3 June, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
State of H.P. & Ors. Vs. Ram Kishan & Anr.
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RFA No. 199 of 2017 03.06.2022 Present: M/s Dinesh Thakur, Sumesh Raj and Sanjeev Sood, Additional Advocates General with Mr. Manoj Bagga, Assistant Advocate General, for the non- appellants/non-applicants.
Mr. Amrinder Singh Rana, Advocate, for the respondent/applicant.
CMP No. 6730 of 2022 By way of this application, a prayer has been made by the applicant that as he now happens to be the sole respondent in the appeal, therefore, 50% of the award amount be ordered to be released in his favour.
Mr. Amrinder Singh Rana, points out that though earlier vide order dated 25.06.2021, passed in CMP 6685 of 2021, 50% of the award amount was ordered to be released in favour of the applicant, but at the relevant time as there were two respondents reflected in the memo of parties, therefore, only 25% of the award amount was actually released in favour of the applicant. He submits that now as the name of the other respondent namely Smt. Daya Kaur, has been deleted from the array of the respondents, therefore, the prayer of the applicant is that 25% more of the award amount be ordered to be released in favour of the applicant so that in all at least during the pendency of the appeal he gets 50% of the amount.
Having heard Mr. Amrinder Rana, learned counsel for the applicant, the application is allowed by ordering that in addition to the amount which already stand released in favour of the present applicant, 25% more of the award amount be released in his favour with up-to-date interest, with the condition that in the event of ::: Downloaded on - 03/06/2022 20:05:28 :::CIS the appeal being decided against the applicant/respondent, the .
amount so released, shall be refunded alongwith simple interest at such rate as may be prevailing at the time when the appeal is decided. The amount be remitted directly into the Bank account of the applicant/respondent, as per particulars mentioned in the application. The application stands disposed of accordingly.
June 03, 2022
r to (Ajay Mohan Goel)
Judge
(vinod)
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