[2025:RJ-JP:750-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Application No. 330/2024 In D.B. Civil Misc. Appeal No.2687/2022 1. The Oriental Insurance Company Limited, Registered And Head Office At A-25-27, Asif Ali Road, New Delhi 110002 Through Its Chairman And Managing Director.through Its Regional Office At 9-10Th Floor, Nbcc Centre, Sahkar Marg, Jaipur Through Constituted Attorney. 2. Oriental Insurance Company Limited-, Direct Branch, 310, 3Rd Floor, Corporate Park, Gopalbari, Jaipur-302003 (Rajasthan) Through Its Senior Branch Manager Through Its Regional Office At 9-10Th Floor, Nbcc Centre, Sahkar Marg, Jaipur Through Constituted Attorney. ----Applicants Versus Maharaja Sawai Man Singh Ii Museum Trust, City Palace, Jabebi Chowk, Jaipur Through Its Administrator And Authorized Signatory Col. H.s. Jatana, R/o Lions Lane, Sirsi Road, Khatipura, Jaipur (Raj.) 302012 Through Its Present Administrator Shri Pramod Yadav S/o Shri Shyam Sunder Aged About 55 Year R/o 1208, Southren Height, Jagatpura, Jaipur. ----Respondent For Applicant(s) : Mr. L.L. Gupta For Non-Applicant(s) : Mr. Rishipal Agarwal with Mr. Vimal Kumar Yadav HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The matter comes upon application filed by the respondent- claimant stating therein that since the appeal preferred by the Insurance Company was dismissed by this Court, by necessary [2025:RJ-JP:750-DB] (2 of 3) [CMAP-330/2024] implication, the award was upheld and the Commercial Court was required to release the amount in favour of the respondent- claimant. However, the Commercial Court vide order dated 11.12.2024 has rejected the prayer for release of the amount which was lying in Fixed Deposit with the Commercial Court on the ground that there is no order with regard to release of the amount by the High Court. 2. Counsel appearing for the Insurance Company has rightly conceded that the amount should have been returned by the Commercial Court and that the Insurance Company has no objection to the return of the amount as they have not preferred any S.L.P. against the order passed by this Court. 3. We have considered the contentions. 4. Prayer in this case is for modifying the order dated 04.09.2024 by which the appeal preferred by the Insurance Company is dismissed. We do not deem it proper to modify the order as the dismissal of appeal by necessary implication means that the award has been upheld and the claimant is entitled to the amount which is lying with the Commercial Court. However, since the application filed by the claimant has been dismissed by the Commercial Court vide order dated 11.12.2024, we deem it proper observe that the learned Commercial Court has committed grave illegality in dismissing the application filed by the respondent-claimant for return of the amount lying in Fixed Deposit with the Commercial Court. The Commercial Court is directed to return the amount to the claimant forthwith. [2025:RJ-JP:750-DB] (3 of 3) [CMAP-330/2024] 5. We would further direct the Officer concerned of Commercial Court to ensure that in future his name is reflected in the all orders passed by him as per the direction of the Apex Court. 6. Accordingly, the present Civil Miscellaneous Application is disposed of. 7. A copy of this order be sent to concerned Commercial Court for necessary compliance. (PRAVEER BHATNAGAR),J (PANKAJ BHANDARI),J MAHIMA/2