High Court of DelhiEX.F.A./32/2012

The Oriental Insurance Co Ltd v. Nahar Singh & ORS

2017-05-19Joint Registrar (Judicial) Ms. Deepali Sharma (Dhjs)2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 32/2012 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through None versus NAHAR SINGH & ORS ..... Respondent Through None

CORAM:

SH. DINESH KUMAR SHARMA, REGISTRAR GENERAL

O R D E R

% 07.05.2018 CM Nos.9272-9273/2018 The present application has been filed under Section 151 CPC by respondent Nos.3 to 5 for releasing the amount deposited by the appellant in terms of order darted 19.05.2017 passed by the Hon'ble Court. Vide order dated 19.05.2017, the Hon'ble Court was pleased to direct that the amount deposited by the appellant be released to the respondent Nos.1 to 5 alongwith accrued interest thereon, if any.

Consequent thereupon, vide order dated 05.04.2018, Mr. Vipul Lamba, learned counsel for the respondent had informed that respondent No.1 Mr. Nahar Singh died somewhere in 2014 and respondent No.2 Mrs. Mahaviri Devi died in November, 2017 and sought time to seek instruction for taking appropriate steps. I have also perused the Tribunal order dated 18th February, 2010 in which the amount for compensation has been apportioned in the following manner:-

1. Mr. Nahar Singh (R-1) - 7.5%

2. Mrs. Mahaviri Devi (R-2) - 7.5%

3. Mrs. Rekha Devi (R-3) - 65%

4. Mr. Ankit Singh and Mr. Ankur Singh (R-4 & R-5) - 20%

As per office report, respondents has filed amended memo of parties. However, there is no appearance on behalf of the parties. In view of the above, in the first instance, Registrar (B&A) is directed that the original shares already apportioned in favour of respondent Nos.3 to 5, namely, Rekha Devi, Ankit Singh and Ankur Singh vide Tribunal's order date 18th February, 2010 with proportionate accrued interest, if any be released to the respondent Nos.3 to 5 in terms of order dated 19.05.2017 passed by the Hon'ble Court.

Insofar as taking on record the amended memo of parties is concerned, the matter be listed before the concerned learned Joint Registrar (Judicial) on 11.05.2018.

DINESH KUMAR SHARMA REGISTRAR GENERAL MAY 07, 2018 ss