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High Court of Himachal Pradesh · body

2026 DAILYLAW 9922 (HP)

NATIONAL INSURANCE COMPANY LTD. v. CHINTA MANI

CMP/10297/2026 · 2026-05-15

Sushil Kukreja

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

National Insurance Co. Ltd. Vs. Chinta Mani & Ors. CMP No. 10295, 10297 & 10648/2026 in FAO No. 167/2016 15.05.2026 Present: Mr. Ishan Sharma, Advocate, for the non- applicant/appellant in CMP No. 10295 & 10297 and for the applicant in CMP No. 10648/2026. Mr. B.N. Sharma, Advocate, for the applicants/respondents. CMP No. 10295/2026 The present application under Order 32, Rule 12 of the Code of Civil Procedure, has been filed by applicants/respondents No. 3 & 4, Avantika and Ritik alias Ritik Roshan for discharging their natural guardian, as they have attained the age of majority. Learned counsel for the non- applicant/appellant submitted that he has no objection in case the application is allowed. Heard. Having regard to the averments made in the application, which is duly supported by the affidavits of both the applicants and also taking into consideration the fact that the applicants have now attained the age of majority, as is evident from copies of Matriculation certificates, appended with the application as Annexure A-1 (colly), wherein their dates of birth have been mentioned as 11.07.2005 & 14.04.2007, respectively, the present application is allowed and natural guardianship of ….2... applicants/respondents No. 3 & 4, Avantika and Ritik alias Ritik Roshan, is ordered to be discharged and they are permitted to pursue the case in their own capacity. The application stands disposed of. CMP No. 10297/2026 The present application under Section 151 of CPC has been filed on behalf of applicants/respondents No. 1 to 6, for release of the award amount, alongwith up- to-date interest, lying deposited in the Registry of this Court. The application is duly supported by the affidavits of all the applicants. No reply to the application is intended to be filed and learned counsel for the non-applicant/appellant has no objection in case the prayer made in the application is allowed, as the award has attained finality and no appeal has been preferred against the judgment passed by this Court. Heard. Having regard to the averments made in the application, which is duly supported by the affidavits of all the applicants, coupled with the fact that the award has attained finality, as till date, no appeal has been preferred against the judgment passed by this ….3…. Court, the same is allowed and the amount lying deposited in the Registry of this Court, alongwith up-to- date interest, is ordered to be released in favour of applicants/respondents No. 1 to 6, as per their respective shares, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in para-5 of the application. The application stands disposed of. CMP No. 10648/2026 Heard. For the reasons stated in the application, which is duly supported by an affidavit of Assistant Manager of the Insurance Company, the same is allowed and excess amount deposited by the applicant/Insurance Company, in the Registry of this Court alongwith up-to-date interest, is ordered to be refunded to it after proper verification and identification by remitting the same to its bank account, details whereof have been mentioned in the application. Application stands disposed of. ( Sushil Kukreja ) Judge 15th May, 2026 (raman)