IN THE HIGH COURT OF JUDICATURE AT BILASPUR!C.G.[ CIV1L REVISION No. - ‘3 9’ OF 2004 W ¢W ’/ 5§§§ i PETI’I‘IONER {a/ Keshav Ram Banjare, S/o Jhukuram Banjare, g, Aged about — 45 years, Resident of - Village — Amera, Police Station - Palari, District — Raipur (C.G.) ( RESPONDENTS - § K1; / Nohar Lal Chandrakar, Lal Chandrakar, Aged S/o about Chhanu - 28 years, Resident of — Village - Birkona, Police Station - Arang, District — Raipur (C.G.) Devendra Kumar Jangde, S/o Kishan La] Jangde, Resident of- Godri River Tum, District- Mahasamund (C.G.) Oriental Insurance Company P. Ltd., Divisional Manager, Divisional Omce Medical College Road, Raipur (C.G.) Laxmichand, S/o Lattu Ram Patel, Aged about- 22 years, Resident of - Goinda, Police Station - Arang, District - Raipur (C.G.) ‘w/ MEMO OF CIVIL REVISION UNDER SECTION 115 OF CIVIL PROCEDURE CODE ‘ gh XI~HC-22 3am,m,f%mra$ W Wmc~.z...&......w4 a 200 m WWffMW %aw%rrm ) 04.05 .2005 Shri Shivendu Pandya, counsel for the applicant. None for the respondents. Hemd. This revision has b directEd against the impugned arder dated 27.02.2004 by hich the learned Ciaims Tribunal has dismissed the applica on of the applicant for making payment of Rs. 17,187/ - W ch is deposited as nxed deposit in the concerned Bank as pe directions passed in the award pertaining to claim case No. 1/ 1999. it is submitted that total sum of Rs. 35,000/— was awarded to the applicant out of which only aforesaid amount is 17, 187/ — has been deposited in the dxed deposit and rest of the amount was paid to him‘ Leained counsel for the vap'llgiicant submits that the ‘ applicant remains in ill con itions and he has also performed marriage of his son for Whi he has taken loan‘o‘f Rs. 4,000] - 1 and Rs. 5,000/- total of Rs. ,OOO/- &om two persons. The learned Claims ’I‘ ' unal has rejected the application plicant could not substantiate 2 on the ground that the n‘v aforesaid grounds that he re ainsLill condition and that he has taken loan from two din'erent persons as mentioned above. Learned counsel for applicant submits that if the amount of applicant is n t paid to him, he will Slider irreparable loss and shall award, which has been pass deprived of the benents of the in favour of the applicant. /, e c p e XI-HC—ZZ mm 'mm WW A I records hled along with the re vision petition. The most important deposit is going tO'mature o about 7 months is‘ to laps disbursed, the applicalit wo maturity on the said date. Leanled counsel for looking to the ill conditions the pressure of the persons applicant is not in a position the amount in iixed deposit himself, however, if the app awani passed in his favour, purpose for keeping the am Considering the ab i revision is allowed. The u . p matter is remanded to the ‘ Tribunal will give appropriat substantiate that he has take to substantiate that he rem; this opportunity, the Tribuna this regard in accordance with law. The revision is hnally disposed of. 7/ facts and have also perused the I have considered the act is that the aforesaid hxed 5. 1.2006‘and hardly a period of and if the fixed deposit is not d get proper interest thereon after applicant further submits that the applicant and also looking to whom he has taken loan, the o wait for even 7 months. In fact, 's in the interest of the applicant 'cant would not get huits of the very ,glurpose of award and also in hxed deposit will h‘ustrate. facts and circumstances, this ugned order is set aside. The ribunal for reconsideration. The e opportunity to the applicant to n loan &om two, persons and also Iins in ill conditions. After giving lwould pass appropriate order in 13// // $a!’ San“h waf . s““""w3“d%e (%W) o o ' e m e t