Single bench rejected CMPs to delete a deceased party and release an awarded amount, holding that post-remand proceedings require access to the pending deposited sum. The court remitted the amount to the Reference Court for appropriate orders.
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G.M.N.R. Vs. Kukma Devi and ors.
CMP No. 12151 of 2022
06.12.2022
Present: Mr. Balram Sharma, Deputy Solicitor General of India, for the non-applicants.
Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for the applicants/respondents.
CMP Nos. 12151 and 12152 of 2022
By way of these applications, prayers have been made, firstly, to delete the name of deceased claimant No.1, Smt. Hukmi Devi from the array of parties and secondly, for release of awarded amount in favour of the applicants.
The contents of CMP No. 12151 of 2022 reveal that RFA No. 01 of 2015 filed by appellant-non-applicant herein, was disposed of by this Court, vide order dated 04.09.2018 and the matter was remanded to the learned Reference Court with the directions to decide the matter afresh. Learned Reference Court decided the matter and passed the award on 08.05.2019. The award so passed by learned Reference Court attained finality and was not challenged by either of the parties.
Since, the award passed by learned Reference Court on 08.05.2019 has attained finality, the applications, as noticed above, filed before this Court are mis-conceived. The orders, if any, on these prayers of the applicants can be passed by learned Reference Court, which has passed the award.
In view of this, the applicants are at liberty to approach learned Reference Court by filing appropriate applications and it will be open to the learned Reference Court to decide the same, in accordance with law.
Though, learned counsel appearing for applicants/non-applicants has stated that his client has no objection in case of release of awarded amount in favour of the applicants, but for the reasons stated hereinabove, the order of release cannot be passed by this Court.
Record further reveals that an amount of Rs. 28,47,471/- is lying in deposit in the Registry of this Court in RFA No. 01/2015. As a necessary consequence of this order, the amount lying in deposit in the Registry of this Court shall be remitted to the learned Reference Court for enabling such Court to pass such appropriate orders, if approached by the parties.
Applications are accordingly, disposed of.
6th December, 2022 (sushma)
G.M.N.R.
Sushma
As recorded by the court registry
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