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High Court of Himachal Pradesh · body

2025 DAILYLAW 27226 (HP)

UNITED INDIA INSURANCE CO. LTD v. Vidya Mani W/o Late Sh. Jamna Dass

CMP/24672/2024 · 2025-01-09

Sushil Kukreja

body2025

Judgment text

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United India Insurance Ltd. Vs. Smt. Vidya M ani & Ors. FAO No. 89 of 2024 09.01.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant. Mr. Rajesh Mandotra, Advocate for respondents No.1 to 4. CMP No. 24672 of 2024 The present application under Section 151 CPC has been maintained by applicants/respondents No.1 to 4 for release of the awarded amount, lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants. No reply is intended to be filed to the present application, however, learned counsel for the non- applicant/appellant has opposed the application 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, in favour of each of the applicants/respondents No.1 to 4, as per their respective shares, 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-4 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 4, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 89 of 2024 Since the appeal already stands admitted, list for final hearing in due course. (Sushil Kukreja) January 09,2025 Judge (VH/Sumit)