Disposed¶14

Durga Ram and Ors. v. Principal Secretary(Power) and Ors.

Himachal Pradesh HC6 May 2026CMP/9656/2026

Case brief

AI extract

What is this about?

Release of deposited awarded compensation; Section 151 CPC application in RFA No.1 of 2023 (CMP No.9656 of 2026); Durga Ram (deceased) through LRs. v. Principal Secretary (Power); HPPCL; applicants/respondents No.23 and 28 Ram Swaroop and Vijay Kumar; amount in Registry; judgment of 02.01.2023 attained finality; no objection by HPPCL counsel; remittance to bank accounts after verification and identification; single-judge bench of Sushil Kukreja; disposed of 06.05.2026.

What did the court decide?

Release of the awarded amount of compensation with up-to-date interest falling in the respective shares of applicants/respondents No.23 and 28, by remittance after proper verification and identification to their respective bank accounts (details given in para-10 of the application). ¶14

Durga Ram and Ors. Vs Principal Secretary(Power) and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire awarded amount of compensation along with up-to-date interest, falling in the respective shares of applicants/respondents No.23 and 28 (Ram Swaroop and Vijay Kumar), lying deposited in the Registry of this Court, should be released to them.

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Court's answer

Having perused the affidavit-supported application, and since the judgment passed by this Court has attained finality, the Court found it in the interest of justice to release the awarded amount of compensation with up-to-date interest falling in the respective shares of applicants/respondents No.23 and 28 (Ram Swaroop and Vijay Kumar).

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Ratio / Principle

The released amount is to be remitted to the applicants' respective bank accounts (details given in para-10 of the application) after proper verification and identification.

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Detailed headnote1 paragraphs

Application under Section 151 CPC (CMP No.9656 of 2026) by applicants/respondents No.23 and 28, Ram Swaroop and Vijay Kumar, in RFA No.1 of 2023, seeking release of their respective shares of the awarded amount of compensation with up-to-date interest lying deposited in the Registry of the Court, to discharge liabilities under loans taken from relatives. Counsel for non-applicant/respondents No.2 and 4/HPPCL raised no objection and declined to file a reply, noting that the judgment dated 02.01.2023 passed by this Court had attained finality as no appeal had been preferred against it. Judge Sushil Kukreja held it to be in the interest of justice to grant the release, directing remittance after proper verification and identification to the applicants' respective bank accounts detailed in para-10 of the application. Application disposed of on 06.05.2026.

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Durga Ram (deceased) through LRs. & Ors. vs. The Principal Secretary (Power) and others.

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CMP No.9656 of 2026 in RFA No.1 of 2023

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06.05.2026 Present: Ms. Shashi Kiran, Advocate, for the nonapplicants/appellants.

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Applicants/respondents No.23 and 28, namely Shri Ram Swaroop and Shri Vijay Kumar, are present in person.

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Mr. Manoj Chauhan, Additional Advocate General, for respondents No.1 & 3/State.

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Mr. Yashveer Singh Rathore, Advocate, for nonapplicants/respondent No.2 & 4/HPPCL.

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CMP No.9656 of 2026

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The instant application under Section 151 of CPC has

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been filed by applicants/respondents No.23 and 28, namely, Ram Swaroop and Vijay Kumar, respectively, for release of the awarded amount, lying deposited in the Registry of this Court.

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As per the applicants, they require money for discharging their liabilities as they had taken various loans from their relatives. Therefore, it is prayed that entire awarded amount of compensation alongwith up-to-date interest, falling in their respective shares, be released in their favour. The application is duly supported with the affidavits of the applicants.

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Learned counsel for the non-applicant/respondents No.2 and 4/HPPCL submitted that he does not want to file any reply to the application and has no objection in case the amount is released in favour of the applicants as no appeal has been preferred against the

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judgment dated 02.01.2023 passed by this Court and the same has attained finality.

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Heard. Having perused the averments made in the application, which is duly supported with the affidavits of applicants and also in view of the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the awarded amount of compensation alongwith up-to-date interest, falling in the respective shares of applicants/respondents No.23 and 28, namely, Ram Swaroop and Vijay Kumar, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-10 of the application.

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The application stands disposed of

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( Sushil Kukreja ) Judge May 06, 2026 (reena)

Durga Ram and Ors. v. Principal Secretary(Power) and Ors.

Case brief

What is this about?

What did the court decide?

Durga Ram and Ors. v. Principal Secretary(Power) and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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