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High Court of Himachal Pradesh · body

2025 DAILYLAW 30465 (HP)

United India Insurance Company Limited v. Dinesh Sharma

CMP/14542/2025 · 2025-10-27

Sushil Kukreja

body2025

Judgment text

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United India Insurance Co. Ltd. vs. Dinesh Sharma & Anr. FAO No.128 of 2024 27.10.2025 Present: Mr. P.S. Chandel, Advocate, for the appellant. Mr. Mahesh Sharma, Advocate, for respondent No.1. Mr. Virender Singh Kanwar, Advocate, for respondent No.2. CMP No.14542 of 2025 The instant application under Section 151 of CPC has been filed by the applicant/respondent No.1, Dinesh Sharma, for release of award amount alongwith up-to- date interest in his favour, as lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant. Learned counsel for the non- applicant/appellant states that he doesn’t intend to file any reply to the application, but has opposed the application on the ground that if the amount, as prayed, is released in favour of the applicant/respondent, it would be difficult for the applicant/appellant to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant/respondent Dinesh Sharma and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 50% of the awarded amount of compensation in favour of the applicant/respondent Dinesh Sharma, as lying deposited in the Registry of this Court alongwith up-to-date interest after proper verification and identification by remitting the same to his saving bank account, detail whereof has been given in Para-4 of the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicant/respondent Dinesh Sharma, will have to refund the amount, so released, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge October 27, 2025 (reena)