Himachal Pradesh High Court
CIVIL APPEAL 147 of 2019 on 30 December 2022
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Oriental Insurance Company Ltd. Vs. Kunta Devi and others FAO No. 147 of 2019
30.12.2022 Present:
Dr. Lalit Sharma, Advocate, for the appellant/non-applicant.
Mr. Himanshu Thakur, Advocate, vice Mr. Rakesh Kumar Thakur, Advocate, for respondents No. 1 to 5/applicants.
Mr. Bhim Raj Thakur, Advocate, Y.P.S. Dhaulta, Advocate, for respondents No. 6 and 7/non-applicants.
CMP No. 18094 of 2022
By way of this application, a prayer has been made for release of amount in favour of the applicants/respondents No. 1 to 5 in the main appeal. The appeal stands disposed of.
A perusal of the record demonstrates that respondents No. 2 and 3, who are applicants in this applicantion, were minors at the time when the appeal was filed and no application has been filed under Order 32 Rule 12 of the Code of Civil Procedure on behalf of the said respondents/applicants, seeking leave of the Court to defend themselves in their own capacity after having attained the age of majority.
Similarly, as per report of the Registry, the application is not supported by the affidavit of applicant/respondent No. 4.
Accordingly, as prayed for by learned counsel for the applicants, this application is taken to be filed for release of amount on behalf of applicants No. 1 and 5 only and the same is disposed of with the direction that as far as the amount falling to the share of the applicants No. 1 and 5 is concerned, the same be released in their favour in their bank accounts alongwith up-to-date interest as per the details provided in the application. As far as the other applicants are concerned, they are at liberty to move appropriate application for release of amount. The application stands disposed of.
December 30, 2022
(bhupender)
(Ajay Mohan Goel)Judge