Oriental Insurance Co. Ltd vs Lal Kaur & Ors on 20 July, 2009

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                             IN THE 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

LAL KAUR & ORS.                         ....RESPONDENT(S)

                                         WITH

                             CIVIL APPEAL NO.4746 OF 2009
                              (Arising out of SLP(C)No.13140 of 2006)


                            O R D E R

Leave granted.

These 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be withdrawn by the claimant respondents within 3 months and the remaining amount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.

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.”

C.A.No.4746/2009 @ SLP(C)No.13140/2006

“Issue notice.

Rs.25000/- 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 Tribunal.”

Having heard the learned counsel for the parties and considered the impugned
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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.

With the above modification, the appeals are disposed of. There will be no order as

to costs.

………………………..J.

( TARUN CHATTERJEE )

………………………..J.

( R.M.LODHA )
NEW DELHI;

JULY 20, 2009.