High CourtsSingle Bench(2023) 04 OHC CK 0066

Director, Interim Test Range, Chandipur vs Ashok Senapati & Others

Orissa High Court · Decided on 6 April 2023

HON’BLE JUDGES
D.Dash, J
RESULT
Disposed Of
CASE NUMBER
LAA No.11 Of 2020

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Judgment

9 paragraphs · 220 words

D.Dash, J

I.A No.173 of 2022

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Learned counsel for the Respondents files one legal heir certificate of Ushamani Senapati, who was the Respondent No.4 in the Appeal under a memo in Court today, which is taken on record. It is seen therefrom that the Respondent Nos.1 to 3 are the surviving legal heirs of said Ushamani Senapati (Respondent No.4).

3.

The Respondent Nos.1 to 3 claiming to be the persons entitled to receive the awarded amount by filing the application has prayed for waiver of the condition as to the fixed deposit of 80% of the awarded amount in unecumberable and non-pledgeable long term Fixed Deposit of ten years in the name of Respondent Nos.1 to 3 (as Respondent No.4 has died leaving behind the Respondent Nos.1 to 3 as her legal heirs).

4.

Heard.

5.

Considering the submissions made and on going through the averments taken in the application; while being not inclined to waive the condition as to the fixed deposit in entirety, the percentage of the same is hereby reduced to 60% from 80% and consequentially, the percentage as to the payment to their Savings Bank Account stands at 40%.

6.

The I.A. is accordingly disposed of. Issue urgent certified copy as per rules.

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