Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 28262 (HP)

NATIONAL INSURANCE COMPANY LTD v. SUMIT AND OTHERS

CMP/25725/2024 · 2025-01-03

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIC Vs. Sumit & Ors. FAO No. 111 of 2022 03.01.2025 Present: Mr. Pritam Singh Chandel, Advocate, for the appellant. Mr. K.S Banyal, Senior Advocate with Mr. Uday Singh Banyal, Advocate, for respondent No.1. Mr. Arun Kumar Sharma, Advocate for respondent No.2 and 3. CMP No. 25725 of 2024 The present application under Section 151 CPC has been filed on behalf of applicant/respondent No. 1, Sumit, for release of the awarded amount lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant/respondent No.1. No reply to the application is intended to be filed on behalf of non-applicant/appellant, however, learned counsel for the non-applicant/appellant 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 affidavit of the applicant, this Court finds it in the interest of justice to release 25% of the awarded amount, in favour of applicant/respondent No. 1, Sumit, 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 his bank account, details whereof have been given in para-5 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, applicant/respondent No. 1, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 111 of 2022 Since the appeal already stands admitted, list for final hearing in due course. (Sushil Kukreja) January 03, 2025 Judge (Sumit)