Full Judgment Text
1
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. ..
Appellant
Versus
Kajal & Ors. ..
Respondents
(With C.A.No.6622/2008 @ SLP© No.7653/2006 and
C.A.No.6623/2008 @ SLP©No.7654/2006)
O R D E R
1. Leave granted.
2.
These appeals are directed against interim orders
th
dated 16 of February, 2006 in FAFO Nos.397 of
th
2006 and 396 of 2006 and dated 25 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 :-
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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two months and the same may be withdrawn by the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 account.”
C.A.No.6623/2008 @ 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 appellant.”
3
3.Having 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.
4.With the above modifications, the appeals are disposed of.
There will be no order as to costs.
………………………J.
[Tarun Chatterjee]
New Delhi; ………………
………J.
November 11, 2008. [Aftab Alam]