Jharkhand High Court
Cholamandalam M.S. General Insurance ... vs Puja Devi & Ors on 28 March, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
M.A. No. 390 of 2023
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Cholamandalam M.S. General Insurance Co. Ltd. represented
through its Deputy Manager Prafull Choudhary
.... Appellant
-- Versus --
Puja Devi & Ors. .... Respondents
With
M.A. No. 391 of 2023
Cholamandalam M.S. General Insurance Co. Ltd. represented
through its Deputy Manager Prafull Choudhary
.... Appellant
-- Versus --
Mangal Ray & Ors. .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant :- Mr. Ashutosh Anand, Advocate
For the Respondents :- Mr. Shailesh Kr. Singh, Advocate
:- Mr. Abhijeet Kr. Singh, Advocate
----
11/28.03.2025 I.A. No.3945 of 2025 in M.A. No.390 of 2023 and I.A.
No.3944 of 2025 in M.A. No.391 of 2023 have been filed for
modification of the order dated 13.02.2024 and thereby to order for
revocation of the attachment passed in Execution Case No.08 of
2024.
2. Mr. Ashutosh Anand, learned counsel appearing for the
appellant submits that by order dated 13.02.2024 the order dated
22.01.2024 passed by learned Executing Court as well as further
proceeding of Execution Case No.08 of 2024 pending in the Court of
learned Principal District Judge, Dhanbad was stayed by this Court.
--1-- M.A. No. 390 of 2023 with M.A No. 391 of 2023
He submits that, however, in the meantime before the
communication of the order, the attachment order was already
taken place and in view of that this I.A. has been filed. He submits
that insurance company bank account has been freezed. By way of
referring to paragraph No.8, he submits that the HDFC Bank by its
e-mail refused to revoke the attachment in absence of any
revocation direction. On this ground, he submits that this I.A. has
been filed.
3. In the aforesaid background, learned counsel appearing for
the appellant submits that M.A. No.391 of 2023 is also arising out of
the same accident and the separate judgments have been passed
and in view of that M.A. No.391 of 2023 has been tagged with this
present M.A. He submits that identical order was passed in that
M.A. also and the attachment is made now and for that modification
of the order dated 13.02.2024 the present I.A. has been filed.
4. Learned counsel appearing for the respondents in both the
cases jointly submits that very meagre amount is awarded and not
even the farthing has been made to the claimants and in view of
that this appeal may kindly be decided at the earliest and some
amount may kindly be released in favour of the claimants.
5. In view of above submission of learned counsel appearing
for the parties, the Court finds that by the order dated 13.02.2024
the execution case was stayed in the meantime attachment of the
account has been taken place and in view of that the present
modification has been filed and the bank has refused to revoke the
--2-- M.A. No. 390 of 2023 with M.A No. 391 of 2023
attachment in absence of any order, as such the order dated
13.02.2024 is modified to the effect that the attached account of
the appellant will be de-freezed with immediate effect.
6. It has been pointed out that in both the appeals around
50% of the awarded amount has already been deposited and in
view of that deposit amount of Rs.7 lacs which is almost 50% of the
awarded amount in absence of interest the same will be released in
favour of the claimants by the learned Tribunal on proper
verification in M.A. No.390 of 2023 arising out of the judgment
dated 07.08.2023 in Motor Accident Claims Case No.367 of 2016
and the deposited amount of Rs.5 lacs in M.A. No.391 of 2023 in
favour of the claimants on proper verification arising out of
judgment dated 07.08.2023 in Motor Accident Claim Case No.366 of
2016.
7. I.A. Nos.3945 of 2025 and 3944 of 2025 are allowed in
above terms and disposed of.
8. Let these appeals be placed on 7th May, 2025 under the
appropriate heading.
(Sanjay Kumar Dwivedi, J.)
Sangam/
--3-- M.A. No. 390 of 2023 with M.A No. 391 of 2023
