JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
Respondents permitted to withdraw 50% of deposited compensation; remainder in FDR.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1392/2019
United India Insurance Company Ltd.
----Appellant
Versus
Smt. Manju Kanwar W/o Late Ranjeet Singh
----Respondent
For Appellant(s) : Mr. Rizwan Ahmed For Respondent(s) : Mr. Kapil Sharma
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
05/08/2019
This matter comes up on application for vacation/ modification of stay order dated 11/4/2019.
Learned counsel for the respondent no. 1 to 5, Mr. Kapil Sharma appearing for Mr. Sandeep Mathur, submits that vide exparte ad-interim order dated 11/4/2019, disbursement of amount of compensation was stayed on the condition that the appellant shall deposit the entire award amount. It is prayed that at least, some amount be disbursed to the claimants.
Learned counsel for the appellant-non-applicant has no objection and submitted that in compliance of interim order dated 11/4/2019, the amount of compensation has already been deposited with the tribunal.
Having regard to the submissions made by learned counsel for the parties and to the contents of the application, the claimants shall be at liberty to withdraw 50% out of the amount
[CMA-1392/2019]
(2 of 2)
so deposited by the appellant in compliance of interim order dated 11/4/2019 on their furnishing solvent security and an undertaking on oath to the effect that if the appellant ultimately succeeds in the appeal, the said amount shall be refunded with interest @ 6% per annum from the date of withdrawal till refund. The remaining 50% of the amount be invested in the FDR in a nationalised bank for a period of one year which shall be renewed from time to time.
Order dated 11/4/2019 is modified accordingly. Application stands disposed of.
(PRAKASH GUPTA),J
OM PRAKASH /64
United India Insurance Company Ltd.
Smt. Manju Kanwar W/o Late Ranjeet Singh
Prakash Gupta
As recorded by the court registry
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