Future General India Insurance Co. Vs. Jaya Kumari Negi & Ors. FAO No. 48 of 2021 10.01.2025 Present: Mr. M.A. Safee, Advocate vice Mr. Sanjay Kumar Sharma, Advocate, for the appellant. Mr. Deepak Bhasin, Senior Advocate with Mr. Sambhav Bhasin. Advocate for respondents No.1 & 2. CMP No. 25389 of 2024 The present application under Section 151 CPC has been maintained by applicant/respondent No.2, for release of the awarded amount, lying deposited in the Registry of this Court. The application is duly supported with affidavit of the applicant. Reply not filed despite opportunity granted to the non-applicant/appellant. However, the prayer made in the application has been opposed 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 affidavit of the applicant, this Court finds it in the interest of justice to release 10% of the awarded amount, in favour of the applicant, as per his share, along with up-to-date interest, lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to his bank account, copy whereof has been annexed along with the application as Annexure A-3. 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, applicant No. 2, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 48 of 2021 Since the appeal stands admitted, list for final hearing as per its own turn. (Sushil Kukreja) January 10,2025 Judge (VH/Sumit)