IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.8409/2007 13.10.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Pritam Bijlani, for the petitioner. Shri R.D.S. Naruka, for the respondent. The respondent has moved an application for vacation of the interim order dated 10.10.2007 by which the operation of the award passed by the learned permanent Lok Adalat in favour of the respondent owner of the vehicle has been stayed. The Insurance Company has filed the present writ petition on the ground that the till such time as the dues of the respondent No.2 Bank with which the vehicle is hypotheticated are not cleared the amount should not be disbursed to the owner and further that the owner, in the event of the payment being made by the petitioner Insurance Company, be directed to transfer the vehicle in favour of the Insurance Company which is paying the amount as value of the insured vehicle. The respondent owner in the application has submitted that the dues of the Financing Bank have been cleared and that the Bank has given a no dues certificate also in that behalf. Learned counsel for the parties submitted that the writ petition may be disposed of while allowing the application on the following terms : i)that the respondent owner of the vehicle shall approach the registering authority and get the hypothecation clause deleted on the basis of the no dues certificate issued by the respondent No.2 Bank. (ii) that after deletion of the hypothecation clause and on the receipt of the information from the owner respondent the petitioner shall pay the amount awarded by means of a cheque to the respondent owner. (iii) On the receipt of the cheque the respondent No.1 shall submit the necessary application and documents duly signed by both the parties for transfer of the registration of the vehicle bearing registration No.RJ-23/UA-0501 in favour of the petitioner Insurance Company before the Registering Authority concerned. This writ petition is disposed of in the above terms. Learned counsel for the petitioner has submitted that the Insurance Company has unnecessarily been held liable to pay the interest @ 9% p.a. for no fault on the pat of the Insurance Company as the owner himself failed to clear the dues of the Financing Bank. Having considered the entire facts and circumstances I deem it just and proper to alter the amount awarded by way of interest to the rate of 6% p.a. instead of 9% p.a. as awarded by the permanent Lok Adalat looking to the peculiar facts and circumstances of the present case. Subject to the above this writ petition, the stay application and application No.9043 dated 7.3.2008 stand disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS