Acc Ltd. Vs Satya Devi through LRs Vipin Bihari and others — Himachal Pradesh HC (2024) — LawSathi Research

Acc Ltd. Vs Satya Devi through LRs Vipin Bihari and others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the awarded amount lying deposited in the Registry of the Court, along with proportionate interest accrued thereon, in favour of the applicants (legal heirs of deceased respondent No.1) in terms of their shares given in Paragraphs-3, 4 & 5 of the application, by remittance to their bank accounts given in Paragraph-7, subject to proper verification of their identities.

Issue for consideration

Whether the awarded amount lying deposited in the Registry of the Court, along with proportionate interest accrued thereon, should be released to the applicants (legal heirs of deceased respondent No.1) in terms of their shares.

Court's answer

On the death of respondent No.1-Satya Devi, the right to claim on her behalf survives in her legal heirs, who are already on record as respondents No.2 to 5.

Ratio / Principle

The CMP is allowed: the awarded amount lying deposited in the Registry, along with proportionate interest accrued thereon, is ordered to be released in favour of the applicants in terms of their shares detailed in Paragraphs-3, 4 & 5 of the application.

Key takeaways

The amount is to be remitted directly to the applicants' bank accounts (details in Paragraph-7 of the application), subject to proper verification of their identities.ratio¶13

Detailed headnote1 paragraphs

CMP No.11089/2024 (in RFA No.472 of 2010), decided 12.07.2024 (Bipin C. Negi, Judge): Following the death of respondent No.1-Satya Devi on 31.10.2011, whose legal representatives were already on record as respondents No.2 to 5, the Court held that her right to claim survives in her legal heirs and allowed the application filed by applicants/respondents No.2 to 5 (Vipin Bihari, Nishi Kant, Anju Sharma, Rashmi Sharma) and applicants No.8, 9, 11 & 12 (Nirmala, Sunil Dutt, Sudha Devi, Sushma Devi). The awarded amount lying deposited in the Registry, along with proportionate interest accrued thereon, was ordered to be released to the applicants in terms of their shares (Paragraphs-3, 4 & 5 of the application) and remitted to their bank accounts (Paragraph-7), subject to proper verification of their identities. The non-applicants (including the appellant ACC Limited and the State) raised no objection and filed no reply. Application disposed of. No monetary figure, statute or precedent is stated in the order.

ACC Limited, Gagal Cement Works, Barmana vs. Satya Devi (since deceased) through LRs. and others

CMP No.11089/2024 in RFA No.472 of 2010

12.07.2024 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the non-applicant/appellant.

Mr. Sumit Sharma, Advocate, vice Mr. Pradeep Verma, Advocate, for the applicants/respondents No.2 to 12.

Mr. B.N. Sharma, Additional Advocate General, for nonapplicant/respondent No.13/State.

CMP No.11089/2024

No reply is intended to be filed on behalf of the nonapplicants. The non-applicants have no objection, if in case, the amount as is being sought to be released in the present application, is ordered to be released.

From perusal of the application, it is evident that respondent No.1-Satya Devi died on 31.10.2011. The right to claim on her behalf inheres/survives in her legal heirs. The legal representatives of deceased respondent No.1 are already on record as respondents No.2 to 5.

The present application has been filed on behalf of applicants/respondents No.2 to 5, namely, Vipin Bihari, Nishi Kant, Anju Sharma, Rashmi Sharma and applicants No.8, 9, 11 & 12, namely Nirmala, Sunil Dutt, Sudha Devi and Sushma Devi.

The appeal (RFA No.412 of 2010), in the case at hand, was decided on 24.08.2018. As per the applicants, no appeal/Special Leave to Appeal has been preferred against the said judgment before the Hon’ble Supreme Court.

Other than the aforesaid, for the reasons stated in the

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application, the same is allowed. The awarded amount, lying deposited in the Registry of this Court along with proportionate interest accrued thereupon, is ordered to be released in favour of the applicants in terms of their shares, details of which, have been given in Paragraphs-3, 4 & 5 of the application. The amount be remitted to their bank accounts, details whereof, have been given in Paragraph-7 of the application, subject to proper verification of their identities.

Application stands disposed of.

( Bipin C. Negi ) July 12, 2024 (KS) Judge