Regional Manager & Anr. v. Aurengzeb Sheikh
Case at a glance
Key paragraphs
- Para 22. Heard learned counsel for the parties. During the floods of September 2014, damage was caused to the house of the father of the respondent. Accordingly, respondent preferred a claim for 18.00 lacs. During the pendency of the proceedings, counsel for the appellants furnished a…
- Para 66. In view of the aforesaid facts and circumstances, we find no merit in the appeal and the same is dismissed.
Judgment
Through: Mr. N. A. Dandru, Adv. Vs. Aurengzeb Sheikh ...Respondent(s) Through: Ms. Rehana Fayaz, Adv. vice Mr. Z. A. Qureshi, Sr. Adv. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 25.07.2022
Heard learned counsel for the parties. During the floods of September 2014, damage was caused to the house of the father of the respondent. Accordingly, respondent preferred a claim for 18.00 lacs. During the pendency of the proceedings, counsel for the appellants furnished a cheque of Rs. 4.65 lacs as per the compensation assessed. The Commission by the impugned order has directed for return of the aforesaid cheque and for furnishing a fresh cheque in lieu thereof. At the same time, the complainant-respondent has been directed to file the list of heirs and legal representatives of the deceased.
The argument of learned counsel for the appellants is that the Commission could not have directed for depositing of fresh cheque of Rs. 4.65 lacs.
The aforesaid direction has been issued apparently for the reason that the cheque has expired and that the said cheque was deposited by the appellants itself. As such, we do not find any illegality on part of the Commission in directing for returning of the aforesaid cheque and for furnishing a fresh cheque in lieu thereof.
Since the house was insured in the name of the father of the complainant who has died, the Commission has directed to provide MOHAMMAD ALTAF NIMA 2022.07.26 10:25 I attest to the accuracy and integrity of this document the list of legal heirs and representatives. The said direction causes no prejudice to either of the parties.
In view of the aforesaid facts and circumstances, we find no merit in the appeal and the same is dismissed.
It is provided that the amount deposited by the appellants shall not be disbursed to any party till the final decision of the complaint case. (JAVED IQBAL WANI) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE SRINAGAR 25.07.2022 Altaf MOHAMMAD ALTAF NIMA 2022.07.26 10:25 I attest to the accuracy and integrity of this document
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.