High CourtsSingle Bench(2020) 06 SHI CK 0184

HRTC vs Anita Vardhan

High Court Of Himachal Pradesh · Decided on 24 June 2020

HON’BLE JUDGES
Sandeep Sharma, J
CASE NUMBER
Civil Miscellaneous Petition No. 451 Of 2020 In First Appeal From Order No. 527 Of 2002

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Judgment

8 paragraphs · 343 words

Sandeep Sharma, J

Order dated 12.6.2020 passed in the instant application is recalled and following order is hereby passed.

By way of instant application prayer has been made on behalf of application/respondent No. 5, Shubham Vardhan for issuance of necessary direction to the Registry and the Bank concerned, for release of amount of compensation lying deposited in the Registry of this Court in terms order dated 22.10.2013. Perusal of averments contained in the application as well as documents annexed therewith reveals that this court on 22.10.2013, passed the following order in CMP No. 18086 of 2013, following order:

"18086 of 2013

Application not opposed. Allowed. Let the shares falling to each of the applicants be remitted to their respective bank accounts, particulars whereof have been mentioned in paragraph 6 of the application. The Photocopies of bank pass books have been placed on record of the case. Application stands disposed of."

Surprisingly, till date, no amount in terms of aforesaid order has been released in favour of applicant/respondent No.5 Shubham Vadhan and as such, he has approached this Court by way of instant application.

This court with a view to know the cause for delay in implementation of order, summoned official of Accounts Branch, who revealed that immediately after passing of aforesaid order, request was sent to Manager, Union Bank of India, Shimla on 29.10.2013/2.11.2013, for release of amount and submitting FDR's but thereafter, matter was never brought to their notice by the applicant. In the aforesaid background, this Court besides directing the Manager, Union of India, Shimla to forthwith release the amount alongwith upto date interest, deems it fit to cause his personal presence in the Court. Registry is directed to issue court notice to the Manager of the aforesaid Bank calling upon him to remain present in the Court on 2.7.2020. Registrar (Accounts) is also directed to personally look into the matter and get in touch with Bank concerned so that no further delay is caused as far as implementation of earlier order passed by this Court is concerned.

List on 2.7.2020.