Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Bajaj Allianz General Insurance Co. Ltd vs Chandrakala on 8 July, 2024

Author: Hima Kohli

Bench: Hima Kohli

                                                                               SLP (CIVIL) DIARY NO.8272/2024


     ITEM NO.62                                 COURT NO.9                        SECTION XI

                                     S U P R E M E C O U R T O F             I N D I A
                                             RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S). 8272/2024

     (Arising out of impugned final judgment and order dated 17-10-2023
     in FAFO No. 1595/2023 passed by the High Court Of Judicature At
     Allahabad)

     BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD                                        PETITIONER(S)

                                                         VERSUS

     CHANDRAKALA & ORS.                                                             RESPONDENT(S)

     ( IA No. 90714/2024 - CONDONATION OF DELAY IN FILING
      IA No. 90717/2024 - CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS IA No. 90716/2024 - EXEMPTION FROM FILING O.T.)

     Date : 08-07-2024 This petition was called on for hearing today.

     CORAM :
                          HON'BLE MS. JUSTICE HIMA KOHLI
                          HON'BLE MR. JUSTICE SANDEEP MEHTA


     For Petitioner(s)                   Mr. Niteen Kumar Sinha , AOR

     For Respondent(s)


                               UPON hearing the counsel the court made the following
                                                 O R D E R

1. Application seeking exemption from filing official translation is allowed.

2. Delay condoned.

3. Learned counsel for the petitioner-Insurance Company informs us that as on date, the amount awarded in favour of the respondents No.1 to Signature Not Verified 5 has not been deposited. He submits that in the event 50% of the Digitally signed by geeta ahuja Date: 2024.07.09 amount as directed to be paid to the claimants is deposited and the 18:03:15 IST Reason:

 SLP (CIVIL) DIARY NO.8272/2024 respondents-claimants succeed in the appeal, it will be very difficult to make recoveries.

4. In view of the submission made hereinabove, it is directed that the petitioner-Insurance Company shall deposit the entire decretal amount with the High Court within four weeks from today and move an application immediately thereafter, praying inter alia that before 50% of the decretal amount is released in favour of the respondents-claimants, the High Court may consider its request to secure the amount, in the event the Insurance Company succeeds before the High Court. If such an application is moved, the High Court shall consider the same and pass appropriate orders.

5. With these directions, the Petition for Special Leave to Appeal is disposed of. The Registry shall ensure that a copy of this order is despatched to the High Court forthwith for perusal and compliance.

   (Nand Kishor)                                           (Geeta Ahuja)
Court Master (NSH)                                   Assistant Registrar-cum-PS




                                             2