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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