Bajaj Allianz General Insurance Co. Ltd vs Rekha Devi & Ors on 10 May, 2018

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Jharkhand High Court

Bajaj Allianz General Insurance Co. Ltd vs Rekha Devi & Ors on 10 May, 2018

Equivalent citations: AIRONLINE 2018 JHA 353

Bench: Rajesh Kumar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        M.A. No.11 of 2018
Bajaj Allianz General Insurance Co. Ltd.          ......Appellant
                        Versus
Rekha Devi & Ors.                                 ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant :Mr.S.J.Roy, Advocate For the Respondent No.3 :Mr. P.K.Jha, Advocate

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04/Dated: 10/05/2018 I.A. No. 1201 of 2018 Learned counsel for the appellant seeks permission to withdraw the present interlocutory application.

Permission is granted.

I.A. No. 1201 of 2018 stands dismissed as withdrawn. I.A. No. 2389 of 2018 The present appeal has been filed against the Award dated 04.01.2017 passed by Motor Vehicles Accident Claims Tribunal cum District Judge-III, Godda wherein claimant has been Awarded a sum of Rs.2,29,000/- (Rupees two lacs twenty nine thousand).

The instant interlocutory application has been filed for stay of further proceeding in Execution Case No. 12 of 2017 pending in the court of Additional District Judge-III, Godda.

Further proceeding in Execution Case No. 12 of 2017 pending in the court of Additional District Judge-III, Godda shall remain stayed till further orders, subject to the condition that the appellant shall deposit Rs.3,00,000/-(Rupees three lacs) by two cheques/drafts one of Rs. 2,00,000/- (Rupees two lacs) and another one of Rs.1,00,000/- (Rupees one lacs) in the Executing Court within a period of six weeks.

The Executing Court is directed to release Rs. 2,00,000/- (Rupees two lacs) to the claimant on proper identification on her furnishing undertaking on the terms and conditions, which the court below deems fit and proper to impose.

Rest amount of Rs.1,00,000/- (Rupees one lacs) shall not be disbursed without permission of this Court.

With the aforesaid direction, I.A. No.2389 of 2018 stands disposed of.

Let a copy of this order be handed over to the learned counsel for the appellant.

( Rajesh Kumar, J.) Shahid/

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