Sanjay Misra, J. - (1.) HEARD Sri Vinay Khare, learned counsel for the appellant -Insurance Company and Sri Akash Mishra, learned counsel for the claimant -respondent.
(2.) ON 28.6.2011, the following interim order was passed by a Division Bench of this Court. Admit. Sri Akash Mishra appears for respondent No. 1. Issue notice to respondent No. 2. The respondent -claimants shall be entitled to withdraw half of the amount without security and half of the amount after furnishing security other than cash or bank guarantee. This order was corrected on 08.07.2011. It reads as under: Civil Misc. Correction Application No. 186854 of 2011. This is an application praying for correction of the order dated 28th June, 2011. The last paragraph of the order dated 28th June, 2011 is deleted and substituted by following orders: The appellant shall deposit the amount as directed by the judgment/award dated 22nd March, 2011 within two months. The respondent -claimant shall be entitled to withdraw half of the amount without security and half of the amount after furnishing security other than cash or bank guarantee. The amount of Rs. 25,000/ - deposited in this appeal be remitted to the Court below for adjustment in the amount to be deposited under this order. Subject to deposit as directed above, the execution of the judgment/award dated 22nd March, 2011 shall remain stayed. The application is allowed accordingly. Let a certified copy of this order be furnished to the petitioner today on payment of usual charges.
(3.) ON 29.9.2011, the prayer for modification made by the appellant Insurance Company was disposed of as follows: Civil Misc. Modification Application No. 186584 of 2011. This is an application praying for modification of the order dated 28th June, 2011 by which appeal was admitted. While admitting the appeal, following order was passed on 28th June, 2011: Admit. Sri Akash Mishra appears for respondent No. 1. Issue notice to respondent No. 2. The respondent -claimants shall be entitled to withdraw half of the amount without security and half of the amount after furnishing security other than cash or bank guarantee. In the modification now a prayer has been made that execution of the award be stayed. It has been stated by the learned counsel for the appellant that no deposit has been made as directed by our order dated 28th June, 2011, which has been corrected on 8th July, 2011. In view of the fact that order dated 28th June, 2011, which has been corrected on 8th July, 2011, has not been complied within the period as provided in the order, the interim order has already come to an end. We, however, observe that it is always open for the appellant to make appropriate application for interim relief if it so advised. The application is disposed of accordingly.;