Himachal Pradesh High Court

None 6369 of 2015 on 31 December 2015

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31.12.2015

CMP No.6369 of 2015 in RFA No.165 of 2000.

Present: Mr. D.S. Nainta and Mr. Virender Verma, Addl. AGs with Mr. Pushpinder Jaswal, Dy. AG for the appellant/non-applicant.with Mr. Pushpinder Jaswal, Dy. AG for the appellant/non-applicant.

Mr. Sunil Mohan Goel, Advocate, for the respondent/applicant.

In reply to this application on behalf of therespondent-State no amount is refundable to the State andas such the entire amount lying deposited need to bereleased to the claimant-respondent Davinder Kumar. It hasalso been stated in reply to the application that a furthersum of 59,376/- is payable to the respondent-claimant by theappellant-State and in prayer clause, some more time wassought to deposit the same in the Registry of this Court.However, the said amount also now stands deposited as isapparent from the letter dated 15.12.2015, produced bylearned Additional Advocate General. In part-B of the file,however, there is no mention of deposit of such amount sofar.

The record reveals that a sum of Rs.1,99,923/- is lying deposited in this Court. The appeal standsdisposed of. Any how, a sum of Rs.1,99,923/- be released tothe respondent-claimant Davinder Kumar together withproportionate interest by remitting the same to his account,particulars whereof find mentioned in para-4 of theapplication and also in the extract of passbook Annexure-A.As regards, the remaining amount of Rs. 59376/- depositedin the Registry of this Court, respondent-claimant is at liberty to file appropriate application qua the release thereof. Theapplication is disposed of accordingly.

(Dharam Chand Chaudhary)

Judge

December 31, 2015(shankar)

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