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Jharkhand High Court

The New India Assurance Company Ltd. ... vs Vrs on 27 March, 2018

Author: Rajesh Kumar

Bench: Rajesh Kumar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Misc. Appeal No. 408 of 2017
                                               ...

The New India Assurance Company Ltd. Bhagalpur represented through its Dy. Manager and In-charge, T. D. Hub, New India Assurance Company Ltd., Ranchi Division Office, Ranchi ....... .....Appellant Vrs.

                Smt. Neetu Singh & Ors.                           ...... Respondents

                CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant           : Mr. G C. Jha, Adv.
                For the Respondents         :
                                            ....

04/27.03.2018          Issue notice upon the respondents in the limitation matter( I. A.

No. 5915 of 2017 as well as in the main appeal by ordinary process, for which requisites etc. must be filed within two weeks.

The instant interlocutory application has been filed under Order XLI Rule 5 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure for staying the further proceeding in Execution Case No. 07 of 2017 pending in the Court of learned District & Sessions Judge 1st -cum- MACT, Godda.

Learned counsel for the appellant submits that learned Tribunal has Awarded Rs. 7,75,500/- along with interest @ 6% from the date of filing of the application till its realization within 90 days of this order.

In view of the statement made in the instant Interlocutory Application, further proceeding in Execution Case No. 07 of 2017 pending in the Court of learned District & Sessions Judge 1 st -cum- MACT, Godda shall remain stayed till further orders, subject to condition that the appellant will deposit Rs. 9,00,000/- (two cheques one of value Rs. 7,00,000/- and another of value Rs. 2,00,000/-) in the Executing Court within a period of four weeks from today.

The Executing Court is directed to release Rs. 7,00,000/- to the respondents/claimants on proper identification on their furnishing undertaking on the terms and conditions, which the Court below deems fit and proper to impose.

Rest amount of Rs. 2,00,000/- shall not be disbursed without permission of this Court.

With the aforesaid direction, I. A. No. 2352 of 2018 stands disposed of.

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

(Rajesh Kumar, J.) Kamlesh/