Himachal Pradesh High Court

CMP/10906/2017 of KAMLA NAND Vs RATTAN SINGH BAHADUR BUDATHOKE on 29 December 2017

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of 2017 in FAO No. (Stamp No. 20150/2014) 29.12.2017 Present: Mr.Jeevesh Sharma, Advocate, for the applicant. By way of instant application filed under Section 151 of the Code of Civil Procedure, prayer has been made for refund of `25,000/- deposited by applicant/appellant at the time of filing

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C.M.P. No. 10906 of 2017 in FAO

No. (Stamp No. 20150/2014)

29.12.2017 Present: Mr.Jeevesh Sharma, Advocate, for the applicant. applicant.

By way of instant application filed under Section 151 of the Code of Civil Procedure, prayer has been made for refund of `25,000/- deposited by applicant/appellant at the time of filing appeal i.e. (Stamp No. 20150/2014), whereby he had laid challenge to award dated 28.11.2011 passed by learned MACT, Kinnaur at Rampur Bushahar. Averments contained in the application suggests that applicant/appellant being aggrieved with aforesaid award passed by learned MACT, preferred an appeal. Since there was delay in maintaining the appeal, CMP(M) No. 449 of 2015 came to be filed on behalf of applicant for condonation of delay, however, fact remains that vide order dated 14.12.2015, application was dismissed, as a consequence whereof FAO was also dismissed without having any registration. As per applicant, he had deposited a sum of `25,000/- in the Registry of this Court at the time of filing appeal and as such the same needs to be refunded to him.

It also emerges from the averments contained in the application as well as documents placed along therewith, that non-applicants/respondents preferred Execution Petition in the competent Court of law for implementation of award dated 28.11.2011, which was subsequently came to be listed before Lok Adalat on 4.1.2017. Non-applicant Rattan Singh made a statement before Court below that he has compromised the matter with JD (applicant/appellant) and has received entire amount outside the Court and as such he does not want to pursue his execution petition. Accordingly, execution petition was disposed of.

Accordingly, for the reasons stated in the application, which is duly supported by affidavit, this Court sees no impediment in releasing the amount of `25,000/- deposited by applicant/appellant at the time of filing appeal, which subsequently came to be dismissed on the ground of delay, present application is allowed. Registry is directed to remit the aforesaid amount directly in the saving bank account of applicant, detail whereof has been mentioned in the application. The application stands disposed of.

29[th] December, 2017 (KRS)

(Sandeep Sharma) Judge.

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