Research › Search › Judgment

High Court of Himachal Pradesh · body

2014 DAILYLAW 2072 (HP)

NEW INDIA ASSURANCE COMPANY LTD v. GULJAR

CMP/31656/2025 · 2026-01-01

Sushil Kukreja

body2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

New India Insurance Co. Ltd. Vs. Guljar & Ors. FAO No. 405/2014 01.01.2026 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the appellant. Mr. Rajul Chauhan, Advocate, as Legal Aid Counsel, for respondents No. 1 & 2. Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Tamanna Sharma, Advocate, for respondents No. 3 to 7. CMP No. 31656/2025 The present application under Section 151 of CPC has been filed on behalf of applicant/respondent No. 1, Guljar for release of the amount, lying deposited in the Registry of this Court. As per the applicant, she is in dire need of money to meet out her day to day expenses, as well as medical expenses. The application is duly supported with the affidavit of the applicant. Reply to the application has been filed on behalf of the non-applicant/appellant, wherein, it has been stated that it has a very good arguable case, which is likely to succeed in all probabilities. It has further been stated that in case the amount is released in favour of applicant/respondent No. 1, the very purpose of filing the appeal would be frustrated and in the event of appeal being allowed, it will be difficult for the Insurance Company to recover the amount, so released. ...2... Heard. Having perused the averments made in the application, which is duly supported with the affidavit of the applicant, this Court finds it in the interest of justice to release 20% of the award amount, alongwith up-to-date interest, in favour of applicant/respondent No. 1, Guljar lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-7 of the application. Ordered accordingly. However, it is made clear that the release of amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, the applicant/claimant will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge 1st January, 2026 (raman)