Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 2150 (HP)

New India Assurance Co. Ltd v. ROSHANI DEVI

CMP/447/2026 · 2026-01-09

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Roshani Devi & Ors. vs. Shyam Hetta & Anr. along with connected matter FAO(MVA) No.16 of 2025 & FAO (MVA) No.337 of 2024 FAO(MVA) No.16 of 2025 09.01.2026 Present: Ms. Aditi Rana, Advocate vice Mr. H.K.S Thakur, Advocate, for the appellants. Mr. Virender Sharma, Advocate vice Ms. Reeta Thakur, Advocate, for respondent No.1. Mr. Amit Himalvi,Advocate, for respondent No.2. FAO (MVA) No.337 of 2024 Mr. Amit Himalvi,Advocate, for the appellant. Ms. Aditi Rana, Advocate vice Mr. H.K.S Thakur, Advocate, for respondents No.1 to 6. Mr. Virender Sharma, Advocate vice Ms. Reeta Thakur, Advocate, for respondent No.7. CMP No.447 of 2026 in FAO(MVA) No.337 of 2024 The instant application has been filed on behalf of applicants/respondents No.1 to 4 & 6, namely, Roshani Devi, Divya Chauhan, Dipti Chauhan, Sejal Chauhan & Munjli Devi, for release of awarded amount in their favour, as per their shares, as lying deposited in the Registry of this Court. The application is duly supported with affidavits of all the applicants. As per the applicants, they are in dire need of money and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, their prayer for release of amount of compensation, as lying deposited in the Registry of this Court, may be accepted and the amount, as prayed for, may be ordered to be released in their favour. Reply to the application stands filed. However, learned counsel for the non-applicant/appellant has opposed the application on the ground that if the amount, as prayed, is released in favour of the aforesaid applicants/respondents No.1 to 4 & 6, it would be difficult for it to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. . Heard. Having perused the averments made in the application, which are duly supported with the affidavits of applicants/respondents No.1 to 4 & 6 and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 30% each of the awarded amount of compensation in favour of applicants/respondents No.1 to 4 & 6, namely, Roshani Devi, Divya Chauhan, Dipti Chauhan, Sejal Chauhan & Munjli Devi alongwith up-to-date interest, as per their respective shares after proper verification and identification by remitting the same to their saving bank accounts, details whereof have been given in Para-7 of all the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicants/respondents No.1 to 4 & 6, namely, Roshani Devi, Divya Chauhan, Dipti Chauhan, Sejal Chauhan & Munjli Devi, will have to refund the amount, so released in their favour, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge January 09, 2026 (reena)