Himachal Pradesh High Court

CMP/12568/2021 of MUNSHI RAM VERMA Vs STATE OF HP AND OTHERS on 31 December 2021

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of 2021 in CWP No. 854 of 2020 31.12.2021 Present: Mr. Hirdaya Ram, Advocate, for the applicant/petitioner. Mr. Narender Thakur, Gaurav Sharma and Mr. Kamal Kishore Sharma, Deputy Advocates General, for the State. Mr. Vinod Chauhan, Advocate, for non- applicant/respondent No.6. By way of

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CMP No. 12568 of 2021 in CWP No. 854 of 2020

31.12.2021Present: Mr. Hirdaya Ram, Advocate, for the applicant/petitioner.

Mr. Narender Thakur, Gaurav Sharma and Mr. Kamal Kishore Sharma, Deputy Advocates General, for the State. Mr. Vinod Chauhan, Advocate, for non-applicant/respondent No.6.

By way of instant application, prayer has been made by the applicant/petitioner for release of amount deposited by him in terms of order dated 26.2.2020, passed in CWP No. 854 of 2020. No reply to the application has been filed despite sufficient opportunity and as such, this Court has no option but to decide the application on its own merits.

Averments contained in the application which is duly supported by an affidavit, reveal that applicant/petitioner had deposited Rs. 3,01,783/- on account of arrears of rent in the Registry of this court in terms of order dated 26.2.2020. Since petition having been filed by the petitioner has been allowed and he has already deposited sum of Rs.8,561/- in terms of judgment dated 9.9.2021, passed by this Court, prayer made in the instant application for release of amount deposited by him in terms of order dated 26.2.2020, deserves to be accepted.

Consequently, in view of the above, present application is allowed and Registry is directed to refund he amount alongwith up-to-date interest forthwith by remitting the same in his saving bank account, detail whereof shall be furnished by the learned counsel within one week, subject to verification. It is made clear that release of aforesaid amount in terms of instant order shall be subject to the outcome of the LPA, if any, filed by the petitioner, laying therein challenge to judgment dated 9.9.2021, passed by this Court in CWP No. 854 of 2020. In case LPA, if any, filed by the non-applicant/respondent is allowed, petitioner would be under obligation to refund the amount deposited by him in this Court on account of arrears pursuant to order dated 26.2.2020, alongwith up-to-date interest. Application stands disposed of.

31[st] December, 2021 Manjit

(Sandeep Sharma), Judge

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