M/s Nazveedue Seeds Ltd. vs. Inder Bhagat &
Ors.
CMP No.26156 of 2024 in RFA No.367 of 2017
31.12.2024 Present: Mr. Manish Kansra, Advocate Vice Mr. Anuj Gupta,
Advocate, for the non-applicant/appellant.
Mr. Ashwani Kumar Negi, Advocate, for
applicant/respondent No.1.
Mr. Jitender Sharma and Mr. Lokender Kutlehria,
Additional Advocates General with Mr. Gautam
Sood, Deputy Advocate General, for respondents
No.2 & 3.
CMP No.26156 of 2024
The present application under Section 151 of the
Code of Civil Procedure, has been maintained by
applicant/respondent No.1, Inder Bhagat, for release of award
amount alongwith up-to-date interest in his favour, as per his
share, as lying deposited in the Registry of this Court.
As per the applicant, the main appeal bearing
RFA No.367 of 2017 stands decided by this Court vide
judgment dated 11.10.2023, whereby the amount of
compensation has been enhanced in his favour. It has further
been averred that since the non-applicant/appellant has
already deposited the entire amount as awarded by learned
District Judge, Kinnaur as well as by this Court and also he is
in dire need of money to meet out his day to day expenses as
the land of the applicant, which was acquired by the appellant,
was valuable one and was only source of his income, as such,
the present application may be allowed and the amount, as
prayed for, be released in his favour, as per his share.
Learned vice counsel for the non-
applicant/appellant has submitted that since the main appeal
bearing RFA No.367 of 2017 stands decided by this Court vide
judgment dated 11.10.2023 and the award has attained finality,
as such, he has no objection in case the amount, as prayed by
aforesaid applicant/respondent No.1, be released in his favour.
Heard. Having regard to the averments made in the
application as well as taking into consideration the fact that the
appeal bearing RFA No.367 of 2017 stands decided by this
Court vide judgment dated 11.10.2023; and since no appeal
whatsoever has been filed by either of the parties in the
superior court of law against the aforesaid judgment, the same
has attained finality, as such, the present application is allowed
and the awarded amount of compensation alongwith up-to-date
interest, which is lying deposited in the registry of this Court, is
ordered to be released in favour of the applicant/respondent
No.1, Inder Bhagat, by remitting the same in his saving bank
account, after due verification, detail whereof has been given in
prayer clause of the application.
The application stands disposed of.
( Sushil Kukreja )
Judge
December 31, 2024
(reena)