Rajasthan High Court - Jaipur
United India Insurance Company Ltd vs Smt. Santosh Devi W/O Late Sh. Sanwar Mal on 20 January, 2021
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5624/2019
United India Insurance Company Ltd.
----Appellant
Versus
Smt. Santosh Devi & Ors.
----Respondents
For Appellant(s) : Mr. Lokesh Parihar, Advocate HON'BLE MR. JUSTICE PRAKASH GUPTA Order 20/01/2021 Matter comes up on an application under Section 151 CPC for modification / correction in the order dated 11.12.2020 passed by this Court.
Learned counsel for the appellant-Insurance Co. submits that on 11.12.2020 when the matter was listed before this Court, it was requested by him that present matter is remanded back matter and the entire award amount had already been deposited by the Insurance Co. pursuant to the award earlier passed by the Tribunal, but due to poor connectivity, it could not brought to the notice of the Court. Resultantly on 11.12.2020 while issuing notice to the respondents and staying operation of the impugned judgment and award, this Court directed to deposit the entire award amount alongwith interest again before the Tribunal within a period of four weeks. He prays that in this view of the matter, the order dated 11.12.2020 passed by this Court be modified to the extent of directing the appellant - Insurance Co. to deposit the entire award amount with the Tribunal again. He (Downloaded on 22/01/2021 at 09:56:22 PM) (2 of 2) [CMA-5624/2019] further submits that the amount deposited in the saving bank account of the claimants has already been received by them. He prays that the amount deposited in FDRs, may not be released in favour of the claimants till disposal of the appeal.
Having heard the learned counsel for the appellant and carefully perused the relevant material on record, the application is allowed and the order dated 11.12.2020 passed by this Court is modified and the direction given to the Insurance Co. to deposit entire award amount with the Tribunal again within four weeks stands deleted. However, it is made clear that the amount deposited in FDRs shall not be released to the claimants till further orders of this Court and the FDRs be renewed from time to time.
(PRAKASH GUPTA),J DILIP KHANDELWAL /9 (Downloaded on 22/01/2021 at 09:56:22 PM) Powered by TCPDF (www.tcpdf.org)