Allahabad High Court
National Insurance Co Ltd vs Smt. Ehrazia Begum & Others on 17 April, 2014
Bench: Manoj Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Civil Misc. Stay Vacation Application No. 155171 of 2008:
In
Case :- FIRST APPEAL FROM ORDER No. - 2251 of 2005
Appellant :- National Insurance Co Ltd
Respondent :- Smt. Ehrazia Begum & Others
Counsel for Appellant :- Nagendra Kumar Srivastava
Counsel for Respondent :- Prem Chandra,Shiv Kumar Sharma
Hon'ble Manoj Misra,J.
By this application, the claimant-respondents have prayed for vacating the ex parte stay order dated 2.9.2005.
The interim order dated 2.9.2005 was passed in a connected First Appeal From Order No. 2250 of 2005. In the said connected appeal, on the stay vacation application preferred by the claimant-respondents, the interim order dated 2.9.2005 was modified by order dated 16.01.2013, which reads as under:
"Order on Stay Vacation Application
Heard learned counsel for the parties on the stay vacation application and perused the record.
By order dated 02.09.2005, this Court while staying the execution of the impugned award had directed the appellants to deposit half of the amount awarded and further directed the Court below to invest the said amount in any Nationalized Bank and permit the claimants-respondents to lift the amount without any security.
The Claimants-respondents have filed an application for vacating the said stay order dated 02.09.2005 granted by this Court.
Considering the facts and circumstances of the case, the appellant is directed to deposit the entire balance amount due under the impugned award along with interest accrued thereon before the Motor Accident Claims Tribunal within a period of six weeks. Upon the deposit of the said amount, the claimant-respondent no. 1 shall be entitled to withdraw Rs.50,000/- without furnishing any security. Remaining amount would be invested in maximum interest bearing Fixed Deposit in a Nationalized Bank, renewable from time to time.
The amount invested in Fixed Deposit as per the directions given above, will not be permitted to be withdrawn by the Claimants-respondents without leave of this Court.
In the event of default, the interim order dated 02.09.2005 shall stand automatically vacated and the award shall become executable forthwith.
The interim order dated 02.09.2005 is modified in the manner as indicated herein above.
The stay vacation application is accordingly, disposed of."
In view of the order passed in the connected appeal, the interim order dated 2.09.2005 passed in F.A.F.O. No. 2251 of 2005 shall stand modified on the same terms as the order dated 2.09.2005 passed in F.A.F.O. No. 2250 of 2005 was modified by the aforequoted order.
The stay vacation application is disposed of accordingly.
Order Date :- 17.4.2014
Arun K. Singh
