Divisional Manager,M/S.New India Assurance Co.Ltd. v. Nanda Kishore Mallick

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.966 of 2017 Divisional Manager,New India Assurance Company Ltd.

....

Appellant -versusNanda Kishore Mallick & Others ....

Respondents

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

17.02.2023

11. I.A. No.1389 of 2022 Order No 1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2.

Heard learned counsel for the Parties.

3.

This is an application seeking recalling of order dated 3.11.2022 by which the application for modification filed in I.A. No.931 of 2022 was dismissed for non-prosecution.

4.

Considering the grounds taken, the order dated 3.11.2022 is hereby recalled by restoring the I.A. No.931 of 2022.

5.

The I.A is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge I.A . NO.931 of 2022 1.

Heard.

// 2 // 2.

This is an application for modification of order dated 21.02.2022.

3.

Considering the grounds taken, the direction contained in paragraph 8 of the order dated 21.02.2022, so far as it relates to calculation of interest @6% per annum, it will accrue "from the date of filing of the claim application i.e. 20.03.2015" in place of the word "interest @6% per annum will accrue from the date of filing of the appeal".

4.

In view of such modification of the order, the balance amount as due and admissible, shall be deposited by the insurer before the learned Tribunal, within a period of six weeks from today.

5.

The I.A is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge sangita