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High Court of Himachal Pradesh · body

2025 DAILYLAW 22308 (HP)

NATIONAL INSURANCE CO. LTD. v. MANSHI RAUT

CMP/20215/2025 · 2025-08-26

Bipin Chander Negi

body2025

Judgment text

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National Insurance Company vs. Manshi Rout and others CMP No. 20215, 20217 and 20218 of 2025 in FAO No.120 of 2003 26.08.2025 Present: Mr. Anirudh Sharma Advocate, for the non- applicant/appellant. Ms. Rajni Gandhi, Advocate, vice Mr. Rajiv Rai, Advocate, for the applicants-respondents No. 3 & 4. CMP No. 20215 of 2025 Heard counsel for the parties. Perused the application. No reply is intended to be filed on behalf of the non- applicant/appellant. Non-applicant has no objections, if in case, the application is allowed and applicants/respondents No. 3 & 4 are permitted to pursue the matter in their own individual capacity. The application is duly supported by the affidavits of the applicants. From a perusal of the documents appended alongwith, it is evident that the said applicants have attained the age of majority. Power of attorney on their behalf stands filed. In the aforesaid facts and attending circumstances, they are entitled to pursue the matter in their own capacity and not through their natural guardian as was being previously done. In view thereof, the mother of applicants/respondents No. 3 & 4 is discharged from acting as a natural guardian. Corrections in the cause title in terms of order passed by MACT for correcting the names of the applicants as detailed in para 5 has been done and an appropriate amended memo of parties stands filed at page No.26 of the paper book. The same be placed at its appropriate place. Application stands disposed of CMP No. 20217 of 2025 The applicants are exempted from filing complete typed copy of Annexures i.e. Annexure A-4 appended alongwith CMP No. 20215 of 2025. The application stands disposed of. CMP No. 20218 of 2025 No reply is intended to be filed on behalf of the non- applicant. No-applicant has no objections, if in case, the application is allowed and the amount lying deposited in the Registry of this Court alongwith interest accrued thereupon, is ordered to be released in favour of applicants/respondents No.3 & 4. Appeal in the case at hand was decided on 12.04.2006. No further proceedings against the same are pending before the Hon’ble Apex Court. Other than the aforesaid, for the reasons stated in the application, the same is allowed and the amount lying deposited in the Registry of this Court alongwith interest accrued thereupon, is permitted to be released in favour of applicants/respondetns No. 3 & 4 in terms of shares delineated in para 8 of the application. The same be remitted to their bank accounts, details whereof have been given in para 8 of the application subject to proper verification of their identities. The application stands disposed of. CMP No. 20219 of 2025 The applicants are exempted from filing complete typed copy of Annexures i.e. Annexure A-4 appended alongwith CMP No. 20218 of 2025. The application stands disposed of. (Bipin C. Negi) Judge August 26, 2025 Tarun