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High Court of Himachal Pradesh · body

2014 DAILYLAW 2074 (HP)

ORIENTAL INSURANCE COMPANY LTD. v. SHAKUNTLA DEVI

CMP/359/2026 · 2026-01-08

Sushil Kukreja

body2014

Judgment text

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OIC Ltd. Vs. Shakuntla Devi & ors FAO No.449 of 2014 08.01.2026 Present: Dr. Lalit Kumar Sharma, Advocate, for the appellant. Mr. Vikrant Thakur, Advocate, for respondents No.1 to 4. Respondent No.5 already ex-parte. Mr. Suraj Kumar, Advocate, vice Ms. Anjali Soni Verma, Advocate, for respondent No.6. CMP No.359 of 2026 Heard. In view of the averments made in the application, early hearing is allowed and the main appeal be listed for final hearing in the month of March, 2026. 2. The application stands disposed of. CMP No.363 of 2026 3. The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1- Shakuntla Devi for release of the awarded amount of compensation. 4. As per the applicant, she is in dire need of money to meet out her day-to-day expenses. Therefore, it is prayed that the awarded amount of compensation, which is lying deposited in the Registry of this Court, may be released in her favour. 5. The prayer made in the application is opposed by the learned counsel for the non-applicant/appellant on the ground that in the event of appeal being allowed, it would be difficult for the appellant to recover the amount, so released. 6. Heard. Having perused the averments made in the application, which is duly supported with the affidavit of the applicant/respondent No.1, this Court finds it in the interest of justice to release 30% of the amount, alongwith up-to-date interest, in favour of the applicant/respondent No.1, out of the total awarded amount of compensation as per her share, which is 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 the prayer clause of the application. 7. It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, the applicant/respondent No.1 will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge January 08, 2026 (V.Himalvi)