CIVIL APPEAL None on 15 December 2011

Arguments

Party Name : NEW INDIA ASSURANCE CO. Vs UPENDRA CHANDRA NATH AND ORS

THE HONBLE MR. JUSTICE S.C.DAS

Learned counsel, Mr. A. Gon Choudhury for the petitioner-New India Assurance Company ispresent. Learned counsel, Mr. U.K. Majumder for one of the respondents is also present. Itis not understood why the matter has been placed by the Registry before the Court whilethe revsional application has already been disposed of finally and a specific order hasalready been passed in respect of the deposited amount of `10,000/-(rupees ten thousand).Order dated 15.12.2011 shows that the deposited amount `10,000/-(rupees ten thousand)belongs to the claimant-respondent, Upendra Chandra Nath and it is brought on record thatUpendra Chandra Nath has died in the meantime and nobody is coming forward to claimthe amount. Learned counsel, Mr. Gon Choudhury submits that the amount of `10,000/-deposited by the Insurance company belongs to the claimant-respondent, Upendra ChandraNath and that the said amount may be kept in a fixed deposit in the name of the High Court,and in the event any legal representative of said claimant-respondent appears and claimsthe amount, it may be disbursed to him in due course. The Registry may inform the learnedcounsel on record representing the claimant-respondent, Upendra Chandra Nath and, if thelearned counsel on record is not available then the amount may be kept in a fixed deposit inthe name of the High Court to be disbursed to the claimant-respondent, Upendra ChandraNath, and in case he has died, to his legal representatives as and when they appear andclaim the amount.