The Oriental Insurance Company ... vs Madhu
2022 Latest Caselaw 4677 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 2976/2018

The Oriental Insurance Company Limited

----Appellant Versus Madhu

----Respondent

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent(s) : Mr. Bhupendra Kumar Bhatnagar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

28/03/2022

Heard learned counsel for the parties.

Admit.

Issue notice to the respondents.

Mr. Bhupendra Kumar Bhatnagar is appearing on behalf of

the respondents-claimants, therefore, service is complete.

Call for the record.

Heard learned counsel for the parties on stay application.

Learned counsel for the parties submits that impugned

award has already been executed.

However, learned counsel appearing for the appellant-

Insurance Company submits that certain awarded amount is lying

in fixed deposit in terms of the impugned judgment and award

and same may not be permitted to be encashed during the

pendency of this appeal.

Learned counsel appearing for the respondents-claimants

opposed the prayer made by the learned counsel for the appellant-

Insurance Company.

(2 of 2) [CMA-2976/2018]

Having regard to the facts and circumstance of this case and

looking to the fact that the impugned award has already been

executed, the amount lying in fixed deposit may not be encashed

without leave of this Court and/or any further orders to be passed

by this Court.

The stay application stands disposed of accordingly.

(MADAN GOPAL VYAS),J 7-neha/-

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