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Judgment
Sanjay Kumar Dwivedi, J
This matter was mentioned at 10.30 a.m.
Seeing the urgency that the attachment order has been passed by the learned court, the matter was directed to be notified at 12.00 noon and consequent upon it, this matter has been taken up.
Mr. Anand, the learned counsel for the appellant submits that the appeal has been preferred before this Court on the ground that the deceased was gratuitous passenger on a tractor and other grounds are also there. He further submits that in the meantime, the learned Executing court by the order dated 30.04.2025 directed to attach the amount of Rs.16,09,851/- of the account of the appellant herein. He submits in view of that, I.A. No.6406 of 2025 has been filed for stay of the execution case.
Learned counsel for the claimants opposed the same and submits that not even a single farthing has been paid to the claimant and the present appeal is covered in the light of the judgment of this Court.
In view of the above submission of the learned counsel for the parties and considering that the appeal is pending before this Court and further considering the hardship of the claimant, the appellant/insurance company is directed to deposit the awarded amount along with the interest within two weeks before the learned Tribunal and out of the same, 50% shall be released in favour of the claimants on proper verification and the rest of the amount will be kept intact which will be subject to the present appeal.
If the amount is being deposited within the aforesaid period, Execution Case No.18 of 2024 arising out of MACT Case No.1 of 2023, pending in the court of learned P.D.J, West Singhbhum, Chaibasa as well as the Attachment Order dated 30.04.2025, shall remain stayed, and the instant I.A. stands disposed of.
Learned counsel has appeared on behalf of the respondent nos.1-3.
Notice has been received by his daughter on behalf of respondent no.4 and the notice on behalf of the respondent no.5 has been received by his elder brother. Thus, notice upon them is deemed to be validly served. However, appearance on their behalf has not been made as yet.
With a view to provide one more opportunity to them, the matter is being adjourned.
Let this matter appear on 07.07.2025 under the appropriate heading.