Jammu & Kashmir High Court - Srinagar BenchNew India Assurance Company Limited vs Parvaiz Ahmad Khatana And Ors on 10 March, 2022Author:Rajnesh OswalBench:Rajnesh OswalS. No. 115\nSupplementary List\n\n\n       IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                          AT SRINAGAR.\n                                        CM No. 1071/2022 in\n                                        Mac. App. No. 87/2019\n                                         CM No. 5797/2020\n                                         CM No. 6512/2020\n                                         CM No. 6766/2020\n                                         CM No. 6767/2020\n                                         CM No. 7288/2021\n                                         CM No. 8083/2019\n\n         New India Assurance Company Limited.\n                                                                          ...Petitioner(s)\n                           Through:      None\n\n                                                   Vs\n         Parvaiz Ahmad Khatana and Ors.\n                                                                        ...Respondent(s)\n                           Through:      Mr. Hamza Prince, Adv.\n\n         CORAM:\n                           Hon'ble Mr. Justice Rajnesh Oswal, Judge\n                                                 ORDER10.03.2022\n\n                     The present application has been filed by the claimant/respondent\n         No. 1 seeking release of award amount deposited by the Insurance\n         Company.It is submitted that the appellant/non-applicant deposited part of the\n         award amount whereas they were under obligation to deposit whole of the\n         award amount in terms of order dated 8th January, 2020. It is further stated\n         that this Court vide order dated 24th December, 2020 had directed the\n         Registry to release 50% of the award amount, deposited by the\n         appellant/non-applicant.Mr. Hamza Prince, learned counsel submits that as the whole of the\n         award amount was not deposited in terms of order dated 8 th January, 2020,\n         and, as such, pursuant to the order dated 24th December, 2020, Registry\n         released only Rs. 7 lacs out of the part award amount that is Rs. 14 lacs\n         approximately deposited by the appellant/non-applicant.There is no need to issue notice to the appellant Insurance Company\n         as this Court vide order dated 24th December, 2020, has already ordered\n         the release of 50% of the award amount.Mr. Hamza Prince, learned counsel further submits that the\nappellant/non-applicant had not deposited whole amount. In this regard\nthey were granted ten days' time to deposit the balance amount by way of\ncheque vide order dated 24th December, 2020.In view of this, Registry shall release 50% of the amount awarded\nby the Tribunal minus the amount already released vide order dated 24th\nDecember, 2020.Disposed of.(Rajnesh Oswal)\n                                                          Judge\n\nSrinagar.10.03.2022\n"Sakeena"