This disposes of applications by applicants/respondents for release of award amount and interest deposited in the Registry, directing remittance to their accounts while keeping minor's share in Fixed Deposit Receipts.
Registry directed to release award amount and interest to applicants/respondents No. 1 to 4 via bank accounts; minor's share kept in FDRs.
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Oriental Insurance Company Ltd. vs. Mst. Mahtaba and others
CMP No.4249, 4251, 4253 and 4255 of 2022
04.07.2022 Present Mr. Maan Singh, Proxy Counsel, for the applicants/respondents.
Ms. Sneh Bhimta, Proxy Counsel, for the nonapplicant/appellant.
By way of instant applications, prayer has been made on behalf of applicants/respondents No. 1 to 4 for release of the award amount lying deposited in the Registry of this Court. Despite sufficient opportunities, no reply has been filed to the instant applications.
Having carefully perused the averments contained in the application, which is duly supported by an affidavits, this Court finds that appeal bearing FAO(WC) No. 352 of 2008, having been filed by the non-applicant/ appellant/ insurance company stands finally decided vide judgment dated 18.09.2015. Since no appeal whatsoever has been filed against the aforesaid judgment by either of the parties in the superior court of law, same has attained finality and as such, this Court sees no impediment in accepting the prayer made in the applications.
Consequently, in view of the above, the present applications are allowed and Registry is directed to release the award amount alongwith up-to-date interest falling in the shares of applicants/respondents No. 1 to 4, by remitting the same in their saving bank accounts, details whereof are given in para-4 of the applications, subject to the verification by the accounts Branch. Needless to say, remaining amount
of minor applicant/respondent No.5 be kept in FDRs till further orders. The applications stands disposed of.
(Sandeep Sharma) Judge
4th July, 2022 (shankar)
1 issue framed by the court
Whether to allow applications for release of award amount deposited in the Registry.
Oriental Insurance Company Ltd.
Mst. Mahtaba
others
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
