The National Insurance Co Ltd v. Smt. Sushma Vishwanath Kaushalya And ORS

22 CAF 2199-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2199 OF 2018 IN FIRST APPEAL NO. 1001 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

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s or Judge'

s orders.

Poonam Mittal is for the Applicant.

CORAM: K.K.TATED, J.

DATED : OCTOBER 15, 2019 P.C.

1 Heard learned Counsel for the parties.

2 The Learned Counsel for the Applicant submits that they have filed the present First Appeal challenging the judgment and award dated 09/08/2010 passed by the MACT, Pune in MACP No. 1188/2002. She further submits that at the time of filing the First Appeal, they deposited a sum of Rs. 25,000/- in the Registry of this Court.

3. The Learned Counsel for the Applicant submits that, the present First Appeal stood dismissed by order dated 13/08/2013. She submits that in view of dismissal of the First Appeal, the Applicant-Insurance Company is Laxmi 1/2

22 CAF 2199-18.doc entitled to withdraw the amount deposited by them at the time of filing the First Appeal in the Registry of this Court. Hence, they preferred the present Civil Application.

4 Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application, I am satisfied that Applicant has made out a case for allowing the Civil Application.

a. The Applicant-Insurance Company is entitled to withdraw the amount deposited by them in the Registry of this Court if any, with accrued interest without furnishing any security.

b. Civil Application stands disposed of accordingly.

c. No order as to costs.

(K.K.TATED, J.) Laxmi 2/2