Allowed

United India Insurance Co.Ltd. v. Billal Hossain and 2 Ors.

Tripura HC30 Aug 2017MAC App./68/2013

Case brief

AI extract

What is this about?

This interim application under Section 151 CPC sought release of balance compensation kept in fixed deposit. The court directed the Registry to release the amount and accrued interest to the applicant, allowing recovery of any excess later.

What did the court decide?

Registry directed to release balance compensation and accrued interest (max Rs.19,48,337/-) to the applicant unconditionally.

United India Insurance Co.Ltd. Vs Billal… — Civil Procedure and Limitation | Tripura HC (2017)

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HIGH COURT OF TRIPURA AGARTALA

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I.A. No.01/2023 in MAC.APP. No.68/2013(DO)

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For Applicant(s) : Mr. P.K. Pal, Advocate, Ms. M. Majumder, Advocate. For Respondent(s) : Mr. P. Gautam, Advocate.

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HON’BLE THE CHIEF JUSTICE (ACTING)

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Order

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30/03/2023

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Heard learned counsel for the respective parties.

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This is an application under Section 151 of the CPC for

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releasing the compensation amount of Rs.12,90,961/- kept in fixed deposit with UCO Bank, High Court Branch, Agartala by the Registry of this Court along with interest accrued thereon.

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Mr. P. Gautam, learned counsel appearing for the

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respondent-insurance company vehemently opposed and also contended that he has some reasonable apprehension that the insurance company has paid excess amount inadvertently and they are entitled for getting back the amount paid, if any, in excess.

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It is seen from the record that the insurance company had in total deposited Rs.25,81,922/- before the Registry of this Court, out of

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which in compliance of order dated 16.01.2014 passed in C.M. App.

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No.689 of 2013 arising out of the connected appeal Rs.10,30,070/- was

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released in favour of the claimant-applicant vide order dated 21.01.2014

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Page 2 of 2

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passed by the Lawazima Court. Subsequently, vide order dated 22.02.2018 of the Lawazima Court, an amount of Rs.2,60,891/- was

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remitted to the account of the claimant-applicant. The rest amount of Rs.12,90,961/- was kept in fixed deposit in the name of the claimantapplicant.

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Accordingly, Registry is directed to release the balance amount of compensation kept in fixed deposit with UCO Bank, High Court Branch, Agartala along with accrued interest, not exceeding Rs.19,48,337/- in total as awarded by this Court in the connected appeal, in favour of the applicant forthwith unconditionally as per procedure. However, it is made clear that in the event if any surplus or excess amount is paid by the insurance company, they are at liberty to take steps in accordance with law.

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In view of above, I.A. stands allowed and disposed of.

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CHIEF JUSTICE (ACTING)

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Pulak

United India Insurance Co.Ltd. v. Billal Hossain and 2 Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co.Ltd. v. Billal Hossain and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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