United India Insurance Company Limited vs Raisingh S/O Raghuveer
2024 Latest Caselaw 5399 Raj/2

Rajasthan High Court

United India Insurance Company Limited vs Raisingh S/O Raghuveer on 21 August, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Civil Miscellaneous Appeal No. 3399/2024

United India Insurance Company Limited
                                                       ----Appellant
                              Versus
Raisingh S/o Raghuveer
                                                   ----Respondent

For Appellant(s) : Mr. Ajay Kumar Tanenia, Adv.

For                    :
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

21/08/2024 Heard learned counsel for the appellant on an

application no. 1734/2024 filed under Section 5 of

the Limitation Act for condonation of delay.

For the reasons stated in the application no.

1734/2024, the same is allowed. Delay in filing the

appeal is condoned.

Issue notice to the respondents.

List after ten weeks.

SB Civil Misc. Stay Application No.2924/2024:-

Heard on the stay application preferred by the

appellant-Insurance Company and perused the material

available on record.

(2 of 2) [CMA-3399/2024]

The execution of the impugned award passed by

the Tribunal is stayed subject to the condition that the

appellant shall deposit the entire award amount within

two months from today with the Tribunal. Upon

deposition of said amount, the claimant(s) shall be at

liberty to withdraw 50% out of the said amount on

their furnishing an undertaking to the effect that if the

appellant(s) ultimately succeeds in the appeal, the said

amount shall be immediately refunded to the

appellant(s) with interest @ 6% per annum from the

date of withdrawal till repayment. The rest of the

amount shall be invested in the FDR of a Nationalized

Bank initially for a period of one year, which shall be

renewed from time to time.

The stay application is disposed of accordingly.

Record of the Tribunal be sent back to this Court

after disbursement of the amount as aforesaid.

However, the claimant(s) shall be at liberty to file

an application for modification/clarification of this order.

(UMA SHANKER VYAS),J

YOGESH KUMAR /487

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