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High Court of Himachal Pradesh · body

2025 DAILYLAW 3325 (HP)

ORIENTAL INSURANCE COMPANY LTD v. VINOD DEVI AND OTHERS

CMP/11136/2026 · 2026-07-15

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OIC Ltd. vs. Vinod Devi & Ors. FAO(MV) No.118 of 2025 15.07.2026 Present: Mr. Sambhav Bhasin, Advocate, for the appellant. Mr. Het Ram Thakur, Advocate, for respondents No.1 & 2/Cross-Objectors. Respondents No.3 & 4, already ex parte. CMP No.11136 of 2026 The present application under Section 151 of CPC, have been filed by the applicants/respondents No.1 & 2, namely, Vinod Devi alias Binod Kumari and Raj Kumar, for release of awarded amount in their favour, as per their shares, as lying deposited in the Registry of this Court. The application is duly supported with affidavits of both the applicants. As per the applicants, they are in dire need of money and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, their prayer for release of amount of compensation, as lying deposited in the Registry of this Court, may be accepted and the amount, as prayed for, may be ordered to be released in their favour. Reply to the application stands filed. However, learned counsel for the non-applicants/appellants has opposed the application on the ground that if the amount, as prayed, is released in favour of the aforesaid applicants/respondents, it would be difficult for it 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 affidavits of aforesaid applicants/respondents 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 30% each of the awarded amount of compensation in favour of applicants/respondents No.1 & 2, namely, Vinod Devi alias Binod Kumari and Raj Kumar alongwith up-to-date interest, as per their respective shares after proper verification and identification by remitting the same to their saving bank accounts, detail whereof has been given in Para-3 of the application. Needless to say that the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, aforesaid applicants/respondents, will have to refund the amount, so released in their favour, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge July 15, 2026 (reena)