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2025 Supreme(SC) 1524

M. M. SUNDRESH, RAJESH BINDAL
Arawali Power Company – Appellant
Versus
Sat Parkash (dead) – Respondent


ORDER

1. Applications for substitution are allowed.

2. The only issue for consideration is as to the proper application of the judgment laid by this Court in tune with paragraphs 51, 52 and 54 in " Gurpreet Singh Vs. Union of India , reported in (2006) 8 SCC 457 , wherein it has held as follows:-

    "...51. Prem Nath Kapur vs. National Fertilizers Corpn. of India Ltd. (1996) 2 SCC 71 also indicates that when an award-decree is passed specifying the amounts under different heads like the amount under Section 23(1), the amount under Section 23(2), the amount under Section 23(1A) and the interest under Section 28 and the judgment debtor makes a deposit of specified sums under these different heads, it will amount to the judgment debtor intimating the decree holder as to how the sum deposited is to be applied in discharge of the obligation of the judgment debtor. Once a decree-holder receives the payment of the sums thus deposited, he would be accepting the appropriation made by the judgment-debtor under the award decree in the scheme of the Land Acquisition Act. This part of the reasoning in Prem Nath Kapur (supra) is, of course, also based on the reasoning that there is some inconsistency

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