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Delhi High Court - Orders

Universal Sompo General Insurance Co ... vs Suresh Chand Jain & Anr on 3 November, 2023

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                                    $~56
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CM(M) 1791/2023
                                                UNIVERSAL SOMPO GENERAL INSURANCE CO LTD
                                                                                            ..... Petitioner
                                                             Through: Mr. D Varadarajan, Advocate

                                                                                      versus

                                                SURESH CHAND JAIN & ANR.
                                                                                                                           ..... Respondents
                                                                                      Through:                 None.

                                    CORAM:
                                    HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                      ORDER

% 03.11.2023 CM APPL. 56786/2023 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. CM APPL. 56785/2023 (for ad-interim ex-parte stay)

1. This is an application seeking ad-interim stay of the order dated 16.01.2023 passed by the National Consumer Disputes Redressal Commission ('NCDRC') in First Appeal No. 376 of 2016.

2. The learned counsel for the Petitioner states that during the pendency of the SLP(C) No. 5263/2023, the Petitioner had been directed vide order dated 29.03.2023 to deposit 50% of the awarded amount with the Registry of the Supreme Court. He states that the said direction was complied with. 2.1 He states however, the Supreme Court while disposing of the said SLP vide judgment dated 26.07.2023 has directed the Registry to return the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/11/2023 at 01:17:06 said amount to the Petitioner herein. He states that the Petitioner is awaiting refund of the said amount.

2.2 He states that in terms of the order dated 29.03.2023 passed by the Supreme Court, the Petitioner will deposit 50% of the awarded amount with the Registrar General of this Court within three (3) weeks i.e., on or before 24.11.2023.

3. In view of the statement made by the Petitioner, the impugned order dated 16.01.2023 is stayed, subject to aforesaid deposit. In case of default, the stay order shall stand vacated automatically.

4. Upon the deposit being made, Respondent No. 1 will be at liberty to withdraw the said amount subject to furnishing of a security to the satisfaction of the Registrar General of this Court. CM(M) 1791/2023

5. Upon steps being taken by the Petitioner, issue notice to the Respondents through all modes including electronically. In addition, to the counsel for the Respondents appearing before the NCDRC.

6. List before the Joint Registrar (Judicial) on 05.01.2024.

7. List before the Court on 28.02.2024.

8. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

MANMEET PRITAM SINGH ARORA, J NOVEMBER 3, 2023/rk/aa Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/11/2023 at 01:17:06