Branch Manager vs Sadhu Jena
2022 Latest Caselaw 7613 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.6757 of 2018
                               (Through Hybrid mode)

            Branch Manager, Reliance Life             ....                Petitioners
            Insurance Co. Ltd. and another

                                               Mr. Biswajit Mohapatra, Advocate
                                           -versus-
            Sadhu Jena                                ....           Opposite Party

                                                      Mr. Chinmay Patra, Advocate

                      CORAM: JUSTICE ARINDAM SINHA
                                     ORDER

21.12.2022

I.A. No.17270 of 2022 Order No.

08. 1. Mr. Patra, learned advocate appears on behalf of applicant and

submits, his client was opposite party in the writ petition, dismissed

by order dated 28th March, 2022. He submits, his client has obtained

award for payment from the Permanent Lok Adalat (PLA), which is

deemed decree. Judgment debtor-insurance company filed the writ

petition. Pursuant to dismissal of the writ petition, the executing

Court, by order dated 15th October, 2022 directed his client to apply to

the Registrar (Judicial) for payment of the deposit made by judgment

// 2 //

debtor in the writ petition, along with interest. His client, therefore,

has filed the application for appropriate order.

2. Perused order dated 15th October, 2022. It appears the

insurance company was represented in the executing Court and had

filed photocopy of Demand Draft showing deposit of Rs.91,000/-

with the Registrar (Judicial). Hence, it is not necessary to direct

issuance of notice of the application to it.

3. Registrar (Judicial) is directed to encash the deposit along

with interest accrued thereon and pay same to applicant on obtaining

due receipt therefor. Applicant will produce copy of the receipt in the

executing Court for record of part execution, discharge and

satisfaction against the decree. Applicant may thereafter prosecute the

execution proceeding for execution of the balance.

4. Applicant will produce this order before the Registrar

(Judicial) for obtaining the payment.

5. The application is disposed of.

(Arindam Sinha) Judge Prasant