Insurance Company Ltd. Vs. Kajal & Ors  INSC 1933 (11 November 2008)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6621 OF
2008 (Arising out of SLP) No.6919 of 2006) The Oriental Insurance Company Ltd.
Kajal & Ors. ..
C.A.No.6622/2008 @ SLP) No.7653/2006 and C.A.No.6623/2008 @ SLP)No.7654/2006)
appeals are directed against interim orders dated 16th of February, 2006 in
FAFO Nos.397 of 2006 and 396 of 2006 and dated 25th of January, 2006 in FAFO
No.178 of 2006 by which a Division Bench of the High Court of Judicature at
Allahabad had passed the following order :- 2 C.A.No.6621/2008 @
S.L.P.)No.6919/2006 & C.A.No.6622/2008 @ S.L.P. ) No.7653 of 2006 -
"The entire amount awarded by the claim tribunal be deposited with the
claim tribunal within two months and the same may be withdrawn by the claimant
respondents. The statutory deposit made before this court be remitted to the
claim tribunal within a period of three weeks and the same may be taken into
S.L.P.)No.7654 of 2006 - "Until further orders of this court, execution
shall remain stayed, provided the appellant deposits entire awarded amount with
the tribunal within three months from today, out of which an amount of
Rs.1,50,000/ shall be given to the claimant respondents without any security
and the balance amount be deposited by the Tribunal in any Nationalised Bank in
an interest bearing account.
The statutory deposit
made before this court be remitted to the Tribunal within three weeks from
today, which shall be adjusted towards the deposit to be made by the
heard the learned counsel for the parties and considered the impugned orders,
we are of the view that the impugned orders may be modified only to the extent
that the claimant respondents would only be entitled to withdraw the amount
awarded by the claim tribunal if the claimant respondents furnish a security for
the entire amount to the satisfaction of the claim tribunal.
the above modifications, the appeals are disposed of.
There will be no
order as to costs.
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