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2025 DAILYLAW 25547 (HP)

ROYAL SUNDERAM ALLIANCE INSURANCE COMPANY LTD v. KALPANA KUMARI AND ORS

CMP/23652/2024 · 2025-03-05

Vivek Singh Thakur

body2025

Judgment text

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Royal Sundram Alliance Insurance Vs. Kalpana Kumari & others FAO No. 238 of 2021 5.3.2025 Present: Mr.Rishab Negi, Advocate, vice Mr.Virender Sharma, Advocate, for the appellant. Ms.Vishali Lakhanpal, Advocate, vice Mr.Navlesh Verma, Advocate, for the respondents. CMP No. 23652 of 2024 This application has been filed on behalf of applicants/respondents No. 1 and 4 for release of amount deposited by the non-applicant/appellant in the Registry of this Court. Despite granting various opportunities reply to the application has not been filed. On 25.2.2025 last opportunity of two weeks was granted to file reply with rider that failing in filing reply, application shall be considered on the basis of material already on record. Today learned counsel appearing for the non-applicant/appellant is seeking further time. The main appeal preferred by non-applicant/appellant was dismissed on 31.3.2024. This application was filed in November, 2024. Since then till date no reply has been filed by non-applicant/appellant. It has been submitted on behalf of applicants/respondents that they have not received any notice from any Court including Supreme Court qua proceedings preferred by non-applicant/appellant against the judgment dated 21.3.2024. It is apt to record that non-applicant/appellant has also not brought on record anything whereby award dated 14.6.2021 passed in favour of claimant or judgment dated 21.3.2024 passed in main appeal has been stayed. In aforesaid circumstances the amount falling in shares of applicants/respondents No. 1 and 4 with proportionate interest is ordered to be released in their favour by remitting the same in their bank accounts mentioned in para 6 of the application, photocopies whereof have also been placed on record. The application is allowed and disposed of. (Vivek Singh Thakur), Judge. 5th March, 2025 (Keshav)