Jharkhand High Court
Reliance General Insurance Co. Ltd. ... vs Sushila Devi & Ors on 20 June, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 01 of 2023
Reliance General Insurance Co. Ltd. through its
Manager (Legal Claims)
..... ... Appellant
Versus
Sushila Devi & Ors.
..... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mrs. Swati Shalini, Advocate.
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07/ 20.06.2025 Mrs. Swati Shalini, learned counsel appearing for the
appellant insurance company submits that by order dated 12.03.2025,
direction was passed for the substituted service of notice by way of
paper publication upon respondent Nos. 1 to 3, however, the appellant
has not been able to take the said steps. She submits that the appellant
herein is facing the proceeding before the NCLT and the respondent
Nos. 1 to 3 are taking all efforts in the execution proceeding / certificate
case for executing the judgment / award of the learned tribunal and not
taking any interest to appear in this appeal before this Court. She
further submits that four weeks' time may kindly be allowed to the
appellant to make the said paper publication. She also submits that I.A.
No. 3921 of 2024 has been filed for grant of stay in the execution case /
certificate case.
2. In view of her such submission, appellant will take further
steps for substituted service of notice upon respondent Nos. 1 to 3 by
way of paper publication in the newspaper widely circulated in their
respective districts, where the respondent Nos. 1 to 3 are residing and
for the draft of notice, the appellant shall approach the office within one
week and after receiving the draft, the same will be published in the
newspaper within two weeks thereafter. The appellant will be at liberty
to file the affidavit annexing the cutting of the paper publication within
one week further thereafter.
3. Since the execution case / certificate case is pending and the
respondents are appearing before the learned executing court and
further in view of the submission of learned counsel appearing for the
appellant insurance company, the appellant-company is facing the
proceeding before the NCLT, the appellant herein is directed to deposit
the entire awarded amount to the tune of Rs. 17,39,339/- along with
interest @ 7.5% thereon within three weeks from today before the
learned tribunal. If the said amount is deposited within the aforesaid
period, there shall be stay of further proceedings in connection with
Execution Case No. 49 of 2022 as well as in Certificate Case No. 28 of
2023-24, pending in the court of learned District Certificate Case
officer, Bokaro shall remain stayed.
4. Out of the deposited amount, 50% along with interest shall
be released in favour of the claimants after proper verification. The rest
of the amount shall be kept intact and that will be subject to this appeal.
5. In view of the above observations, I.A. No. 3921 of 2024
stands disposed of.
6. Let this appeal be placed after six weeks.
7. Respondents are kept at liberty to file a petition for the
modification of this order.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
