High CourtsSingle Bench(2023) 01 OHC CK 0139

Bharat Sanchar Nigam Limited vs Tirath Singh

Orissa High Court · Decided on 25 January 2023

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Disposed Of
CASE NUMBER
ARBA No.15 Of 2002

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Judgment

8 paragraphs · 250 words

Arindam Sinha, J.

I.A. No.75 of 2022

1.

Mr. Sangneria, learned advocate appears on behalf of applicants and submits, the application is for modification of order dated 25th August, 2022 passed by this Bench in the execution application. Directions upon the Registrar were to encash proceeds in the interest bearing account and makeover the same to applicant in due execution. He submits, in the meantime there was death and substitution and at present there are six applicants. Modification sought is for one of them to be given proceeds of the deposit along with accrued interest thereon.

2.

Pursuant to direction made in order dated 19th December, 2022 applicants have filed six several affidavits, authorizing one of them to accept the proceeds from the Registrar. The affidavits are at Flags 60 to 65. Mr. Sangneria submits, the application be allowed.

3.

Mr. Mohanty, learned advocate appears on behalf of award debtor. He draws attention to direction in order dated 25th August, 2022 disposing of the execution application. He submits, for the purpose applicant was to comply with formalities as may be required by the Registrar. Mr. Sangneria replies, present substituted applicants were required by the Registrar to cause authorization to one of them for receiving the proceeds.

4.

Order dated 25th August, 2022 is modified to extent that the substituted applicant, duly authorized in that behalf by the substituted other applicants, may apply for receiving proceeds from the Registrar, as directed in said order.

5.

The application is disposed of.

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