CMP/6760/2021
2021 Latest Caselaw 2965 HP

CMP No.6760 of 2021 in FAO No. 166 of 2017 28.6.2021 Present: Mr. Jagdish Thakur, Advocate, for the applicant/appellant.

Mr. Aman Sood, Advocate, for non-

applicant/respondent No.1.

.

Mr. Nitin Thakur, Advocate, for non-

applicant/respondent No.2.

(Through Video Conferencing) By way of instant application, prayer has been made

on behalf of the applicant/appellant for refund of the award amount lying deposited in the Registry of this court. Learned counsel appearing for the non-applicants/respondents have no

objection, in case prayer made in the instant application is allowed.

r Having heard learned counsel for the parties and perused material available on record, this Court finds that CMPMO

Nos. 393, 394, 395, 396 & 397 of 2017 and FAO Nos. 166 and 230 of 2017 a/w C.O. No.69 of 2017, having been filed by the applicant came to be finally decided vide judgment dated 2.7.2020, passed by this Court, whereby, this Court remanded the case back to the

learned Tribunal below, with direction to decide the same afresh.

Pursuant to the aforesaid judgment dated 2.7.2020,

passed by this Court, learned Tribunal below has now decided the matter afresh vide judgment dated 1.4.2021, wherein

applicant/appellant has been directed to pay the award amount in favour of the claimants at the first instance and thereafter,

recover the same from the owner.

Since amount sought to be refunded in the instant application was deposited by the applicant/Insurance Company, in terms of award dated 29.12.2016, by the tribunal below, which was otherwise set-aside by this court vide judgment dated 2.7.2020, prayer made in the instant application, for refund of the award amount, deserves to be allowed.

Consequently, in view of the above, application is allowed and Registry is directed to release the award amount alongwith interest, in favour of the applicant/appellant forthwith by remitting the same in its current bank account, detail whereof is given in para-4 of the application, subject to verification. Application stands disposed of.

            28th June, 2021                              (Sandeep Sharma),
               manjit                                          Judge