IFFCO TOKIO General Insurance Co. Vs. Sayyad Khan & Ors. FAO No. 174 of 2024 02.01.2025 Present: Mr. Virender Sharma, Advocate for the appellant/non-applicant. Mr. Sanjay Bhardwaj, Advocate, for applicants/respondents No. 1 to 3. Respondent No. 4, already ex parte. CMP No. 22076 of 2024 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 3, Sayyad Khan, Suriya and Parveen, for release of the awarded amount lying deposited in the Registry of this Court. As per the applicants, they are in dire need of money to bear their day to day expenses and they are planning to construct houses at their respective places. It is further submitted that till date they have not received any amount of the compensation. Therefore, it is prayed that 50% amount of the compensation alongwith up-to-date interest, be released in their favour. The application is duly supported with the affidavits of the applicants/respondents No.1 to 3. Reply to the application has been filed, wherein, contents of the application are denied and dismissal of the same has been prayed, on the ground that in the event of appeal being allowed, it would be difficult for the Insurance Company to recover the amount, so released. Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount, falling in shares of the applicants/respondents No. 1 to 3, Sayyad Khan, Suriya and Parveen, along with up-to-date interest, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their bank accounts, details whereof have been given in para-3 of the application. 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, applicants/respondents No. 1 to 3, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 174 of 2024 Since the appeal already stands admitted, list for final hearing in due course. (Sushil Kukreja) January 02, 2025 Judge (Sumit)