Supreme Court of India

Cholamandalam Ms Gen.Insurance … vs Radhamani & Ors on 12 March, 2010

Supreme Court of India
Cholamandalam Ms Gen.Insurance … vs Radhamani & Ors on 12 March, 2010
Author: ……………………J.
Bench: R.V. Raveendran, H.L. Dattu, K.S. Radhakrishnan
                                                  1

                    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

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)

New Delhi. ………………….J.
March 12, 2010. (K.S. RADHAKRISHNAN)