United India Insurnace Co. Ltd. ... vs Manmohan Kanth
2023 Latest Caselaw 960 j&K

                                                                    Sr. No. 02

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


                                               CM No. 2053/2023 in
                                               OWP No.171/2011


United India Insurnace Co. Ltd. and another       ....Petitioner(s)/Appellant(s)

                 Through :- Mr. D.S Chouhan, Advocate.


         V/s
Manmohan Kanth                                               ....Respondent(s)

                Through :-   Mr. C.M Koul, Sr. Advocate with
                             Mr. A.R Bhat, Adv., for applicant/respondent.

          HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Coram:
          HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                   ORDER

15.05.2023

1. Instant application has been moved by the applicant-respondent

seeking release of the amount in his favour deposited before the Registry of this

Court.

2. It is contended that being aggrieved of judgment/order dated

08.01.2010 passed by the J&K State Consumer Disputes Redressal Commission,

Jammu, the insurance company/non-applicant has filed writ petition bearing

OWP No.171/2011 before this Court and during the pendency of the petition, the

insurance company deposited a sum of ₹3,09,119/- on 01.06.2011 with the

Registry of this Court.

3. Vide order dated 15.09.2022 passed by this Court, the aforesaid

petition filed by the insurance company has been dismissed for non-prosecution.

4. On 28.04.2023, when this application was taken up for consideration,

Mr. D.S Chouhan, learned counsel for the non-applicant submitted that he is in

process of filing restoration application, therefore, consideration of the

OWP No.171/2011

application for release of amount may await consideration for some time. On his

request, this Court vide order dated 28.04.2023 granted one week time to

take steps for filing the restoration application and in case of failure to do so, it

was directed that the application for release of amount shall be considered on the

next date of hearing.

5. Today when this application was taken up in the first half, Mr. D.S

Chouhan, learned counsel for the non-applicant requested the Court to extend

some more time for filing restoration application, however, this Court has defer

the consideration of instant application till 2.00 p.m. It is about five minutes to

4.00 p.m., and as per the report of the Registry, no such application seeking

restoration of the petition is filed by Mr. Chouhan, learned counsel. Even he is

not present before the Court. Therefore, we are left with no other option but to

accept this application and accordingly, this application is allowed by providing

that the amount deposited with the Registry of this Court be released along with

interest in favour of the applicant after proper verification and identification.

6. Application stands disposed of.

                                                 (Puneet Gupta)            (Tashi Rabstan)
                                                     Judge                     Judge
           Jammu:
           15.05.2023
           Surinder




SURINDER KUMAR
2023.05.16 13:44
I attest to the accuracy and
integrity of this document