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High Court of Orissa · body

2017 DAILYLAW 1638 (ORI)

M/S AVIVA LIFE INDURANCE CO.INDIA LTD. v. MALATI DIGAL

WP(C)/20692/2017 · 2026-07-23

Miss Savitri Ratho

Writ Petition (Civil)body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 20692 of 2017 M/s. Aviva Life Insurance Co. India Ltd. …. Petitioner Mr. Anupam Dash, Advocate -versus- Malati Digal …. Opp. Party Mr. R. R. Satapathy, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 14. 23.07.2026 (Through hybrid Mode) W.P.(C) No. 20692 of 2017 & I.A. No. 11473 of 2026 1. This writ petition had been filed for issue of a writ of certiorari or any other writ to set aside the award dated 29.04.2017 passed by the learned Permanent Lok Adalat (PUS), Ganjam, Berhampur, Odisha in PLA Case No. 480 of 2016 (Annexure-1). 2. I.A. No. 11473 of 2026 has been filed for withdrawal of the writ petition and withdrawal of the amount deposited in this Court. 3. While issuing notice in the writ petition and Misc. Case No. 17717 of 2017 on 06.11.2017, it had been directed as follows: “As an interim, it is directed that on depositing a sum of Rs.1,96,050/- before the Registrar Judicial, Orissa High Cuttack by the petitioner-Insurance Company, the impugned order dated 29.04.2017 passed by Permanent Lok Adalat (PUS), Ganjam, Berhampur in PLA Case No. 480 of 2016 (Annexure-1) shall remained stayed until further orders.” 4. Mr. Dash, learned counsel for the Petitioner submits that in the meanwhile the matter has been settled between the Parties for which the petitioner does not want to pursue this writ application and prays that the same may be withdrawn. He submits that it has been agreed between the parties that a consolidated amount of Rs.1,96,050/- shall be paid to the Opposite Party in full and final settlement and copy of the account payee cheque is annexed to this I.A. He further submits that pursuant to order dated 04.08.2022 an amount of Rs.1,96,050/- had been deposited by way of demand draft dated 08.08.2022, which may be returned to the Petitioner. He submits that pursuant to order dated 04.08.2022 an amount of Rs.2,55,598/- had been deposited by using of demand draft No.179430 dated 08.08.2022, on 02.12.2023 in the Registry it has been kept in fixed deposit. He prays that this amount will accrued interest may be released to the Petitioner. Page 3 of 4 5. Mr. R. R. Satapathy, learned counsel appearing on behalf of the Opposite Party also confirms the submission of Mr. Dash, learned counsel for the Petitioner that the matter has been settled between the parties. 6. Considering the said submission, the I.A. No.11473 of 2026 is allowed and W.P.(C) No. 20692 of 2017 is disposed of as withdrawn. 7. The Registry is directed to return cheque dated 08.08.2022 for Rs.1,96,050/- to the Petitioner and also release the amount deposited by the Petitioner with accrued interest. I.A. No. 7698 of 2026 8. This I.A. has been filed for passing necessary orders directing the Citi Bank, New Delhi to liquidate the fixed deposit bond bearing Deposit No.D03TDTP180110004 and all subsequent renewals as submitted by the Petitioner in the instant case and return principal amount of Rs.1,96,050/- along with accrued interest to the Petitioner. 9. There was no order by this Court directing the Petitioner to furnish any fixed deposit bond of any particular bank before this Court. It is apparent that the said fixed deposit bond bearing deposit No. D03TDTP180110004 had been deposited by the Petitioner instead of depositing an amount of Rs. 1,96,050/- as directed by order dated 06.11.2017. But subsequently the amount of Rs.1,96,050/- with accrued interest has been deposited in this Court. 10. After the Petitioner deposited the said amount of Rs.1,96,050/- with interest, the bond was returned to the Petitioner. The said bond is no longer required in this case. Hence, it is open to the Petitioner to move the bank for return of the amount covered by the bond. 11. With the above observation, the I.A. is disposed of. (Savitri Ratho) Judge RKS/Sukanta Designation: Senior Stenographer