Allowed

United India Ins. Co. Ltd. v. Dulal Ch. Das And 3 Ors.

Tripura HC30 May 2017MAC App./90/2013

Case brief

AI extract

What is this about?

The High Court of Tripura allowed an interlocutory application seeking refund of excess deposit. The court directed the registry to calculate the excess amount deposited beyond the awarded sum and refund it to the applicant within 30 days, also instructing parties to appear if they have submissions. The imposition is stayed pending calculation.

What did the court decide?

Direction to the registry to calculate the exact excess amount deposited and refund it to the applicant within 30 days.

United India Ins. Co. Ltd. Vs Dulal Ch. Das… — Civil Procedure and Limitation | Tripura HC (2017)

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HIGH COURT OF TRIPURA A_G_A_R_T_A_L_A

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I. A. No. 01 of 2020 In MAC. App. No. 90 of 2013

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For Petitioner(s) For Respondent(s)

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: Mr. P. Gautam, Advocate. : Mr. P. Chakraborty, Advocate.

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HON’BLE MR. JUSTICE ARINDAM LODH

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O_r_d_e_r

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17.12.2020

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Heard Mr. P. Gautam, learned counsel appearing for the claimant-insurance company and Mr. P. Chakraborty, learned counsel appearing for another insurance company.

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It is submitted by Mr. Gautam, learned counsel appearing for the United India Insurance Company that the said insurance company has filed the present application under Section-151 of Code of Civil Procedure, for withdrawal of the excess amount of Rs. 2,80,270/deposited by them with the Registry of this Court.

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I have gone through the application and after perusal of the contents of the application, in my opinion, this Court may pass a direction upon the registry of this Court to calculate the exact amount paid in excess to the actual awarded amount which was awarded in favour of the claimant-applicant by the Court. After such calculation, if

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the Registry finds that the contents of the application are true and some excess amount as stated in the application has been deposited by

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Page 2 of 2

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the insurance company, then, such excess amount may be refunded to the applicant-insurance company i.e. the United India Insurance Company Ltd. and this entire exercise shall be completed within a period of 30 (thirty) days from the date of this order.

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It is further clear that both the applicant-insurance company and the respondents shall appear before the registry, if they have any submission in regard to the said application for refunding the excess deposit made by the insurance company. It is further made clear that the registry will calculate the quantum of money and refund the same to the insurance company and if it is found that the respondents are entitled to some money then, the registry will direct the insurance company to deposit the said amount. Both the counsel appearing for the parties shall appear before the Registrar Judicial on the date fixed for such calculation.

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With the aforesaid observation and direction, the instant interlocutory application stands allowed to the extent as indicated above.

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JUDGE

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A.Ghosh

United India Ins. Co. Ltd. v. Dulal Ch. Das And 3 Ors.

Case brief

What is this about?

What did the court decide?

United India Ins. Co. Ltd. v. Dulal Ch. Das And 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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