Extracted from the PDF above. The PDF is authoritative.
Oriental Insurance Co. Ltd. Vs. Sumna Devi FAO No. 52 of 2023 10.01.2025 Present: Ms. Nashreen Nisha, Advocate vice Mr. Anil Tomar, Advocate for the appellant. Ms. Shivani Tegta, Advocate for the respondents No.1 to 2. Mr. Abhinav Purohit, Advocate for respondent No.3. CMP No. 956 of 2025 The present application under Section 151 CPC has been maintained by applicants/respondents No.1 and 2, 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, however, learned counsel for the non-applicant/applicant 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, coupled with the fact that the appeal pertains to the year 2023 and the same is not likely to be decided in near future, 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 and 2, as per their
respective shares, along with up-to-date interest, lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in paras 3 and 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 and 2, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 52 of 2023 List for hearing on admission, after ensuing winter vacation.
(Sushil Kukreja) January 10,2025 Judge (VH/Sumit)