Insurance Co. Ltd. Vs. Lal Kaur & Ors.  INSC 1246 (20 July 2009)
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4745 OF
2009 (Arising out of SLP(C)No.12849 of 2006) ORIENTAL INSURANCE CO. LTD.
.....APPELLANT(S) VERSUS WITH CIVIL APPEAL NO.4746 OF 2009 (Arising out of
SLP(C)No.13140 of 2006) O R D E R Leave granted.
appeals are directed against interim orders dt.26.05.2006 in F.A.F.O.No.1510 of
2006 and dt.25.05.2006 in F.A.F.O.No.1477 of 2006 by which a Division Bench of
the High Court of Judicature at Allahabad had passed the following order :-
C.A.No.4745/2009 @ SLP(C)No.12849/2006 "Until further orders of this
Court, the impugned recovery proceedings against the appellant shall remain
stayed, provided, the appellant deposits entire awarded amount with the
Tribunal within two months from today, out of which an amount of Rs.1,50,000/-
shall be withdrawn by the claimant respondents within 3 months and the
remaining amount shall be deposited by the Tribunal in any Nationalized Bank in
an interest bearing account.
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 appellant."
@ SLP(C)No.13140/2006 "Issue notice.
deposited in this court shall be remitted by the office to the concerned
Tribunal. The execution of the award shall remain stayed for a period of two
months, provided the appellant deposits the entire sum so awarded under the
award with the concerned Tribunal. The claimant/respondent No.1 shall be
entitled to withdraw Rs.75000/- without furnishing any security and the
remaining amount after furnishing security to the satisfaction of the concerned
heard the learned counsel for the parties and considered the impugned 2 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 security for
the entire amount to the satisfaction of the claim Tribunal.
above modification, the appeals are disposed of. There will be no order as to
.............................J. ( TARUN CHATTERJEE )
.............................J. ( R.M.LODHA )
JULY 20, 2009.