Branch Manager vs Subhadra Devi & Ors
2023 Latest Caselaw 621 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                M.A. No. 19 of 2021
                               ------

Branch Manager, National Insurance Co. Ltd.

.... .... .... Appellant Versus Subhadra Devi & Ors. .... .... .... Respondents

------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

     For the Appellant          : Mr. Alok Lal, Advocate
                                      ------
     Order No.04 Dated- 06.02.2023
           Heard the parties.

The learned counsel for the appellant submits that the defects pointed out by the stamp reporter are minor in nature. Hence, it is submitted that the same be ignored.

Keeping in view the minority of the defects, the defects pointed out by the stamp reporter are ignored.

This appeal will be heard.

Admit.

Call for the Lower Court Records.

Issue notice to the respondents.

The appellant is directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal after receipt of the service report of the notice issued to the respondents.

(Anil Kumar Choudhary, J.) I.A. No.1719 of 2021 The learned counsel for the appellant submits that this Interlocutory Application has been filed with a prayer to stay the further proceedings of Execution Case No.7 of 2021 pending before the court of District Judge-I- cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad. It is next submitted by the learned counsel for the appellant that by the said judgment and award, the learned tribunal has awarded a sum of Rs.7,76,968/- in total, out of which Rs.3,88,484/- with simple interest thereon at the rate of 7% from the date of the institution of the case till realization of the amount is to be paid by the appellant. It is then submitted that the appellant is ready and willing to deposit Rs.3,88,484/- along with simple interest thereon at the rate of 7% from the date of institution of the case to till the date of deposit with the District Judge-I- cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad. Hence, it is submitted that the further proceedings of the Execution Case No.7 of 2021 pending in the court of District Judge-I-cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad be stayed.

Considering the facts and circumstances of this case, it is ordered that the proceeding of Execution Case No.7 of 2021 pending before the District Judge-I-cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad shall remain stayed, if and when, the appellant deposits Rs.3,88,484/- along with simple interest thereon at the rate of 7% per annum from the date of institution of the case to till the date of actual deposit, in Execution Case No.7 of 2021 with the District Judge-I-cum- Additional Motor Vehicle Accident Claims Tribunal, Dhanbad.

It is made clear that the District Judge-I-cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad shall proceed with the Execution Case No.7 of 2021 diligently, without being prejudiced by this order, unless and until the said amount of Rs.3,88,484/- along with simple interest thereon at the rate of 7% per annum from the date of institution of the case to till the date of actual deposit, by the insurance company, is deposited with the District Judge-I-cum-Additional Motor Vehicle Accident Claims Tribunal, Dhanbad.

This Interlocutory Application stands disposed of accordingly.

Sonu-Gunjan/-                              (Anil Kumar Choudhary, J.)