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Cholamandalam Ms Gen. Insurance Co.Ltd. Vs. Radhamani & Ors. [2010] Insc 203 (12 March 2010)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2450 of 2010 [Arising out of SLP(C) No.6868 of 2007] Cholamandalam MS General Insurance Co. Ltd. ....Appellant Versus Radhamani & Ors. ...Respondents

O R D E R

1.     Leave granted. Notice was issued limited to the question as to why the respondents 1 to 5 shall not be asked to furnish security (for the amount directed to be released to them.

2.     Learned counsel for the respondents 1 to 5 stated that they had no objection for modification of the order of the High Court. They submitted that they may be permitted to withdraw the amount as per the interim order of the High Court, only after furnishing security. He made this submission to avoid any delay.

3.     In view of the said submission, we allow this appeal and modify the condition imposed by the High Court, while 2 granting interim stay, as follows: The claimants (respondents 1 to 5 herein) shall be permitted to withdraw the amount (which the High Court has permitted them to withdraw without security) only on furnishing security to the satisfaction of the Tribunal. The remaining amount deposited by the insurer shall be kept in a fixed deposit until the disposal of the appeal. We request the High Court to dispose of the pending appeal expeditiously.

........................J. (R.V. RAVEENDRAN)

........................J. (H. L. Dattu)

. ......................J.

New Delhi

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