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Bombay High CourtCAF/3599/2002

The Union Of India Insurance Co. Limited v. Babdsfurao Kondiba Pawar

2019-09-03Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3598 OF 2002 IN FIRST APPEAL NO.1236 OF 2002 WITH CROSS OBJECTION (STAMP) NO.20013 OF 2003 IN FIRST APPEAL NO.1236 OF 2002 WITH CIVIL APPLICATION NO.3599 OF 2002 IN FIRST APPEAL NO.1237 OF 2002 WITH CROSS OBJECTION (STAMP) NO.7870 OF 2003 IN FIRST APPEAL NO.1237 OF 2002 The United India Insurance Co. Ltd.

...Applicant

Versus

Smt. Saraswati Anandrao Shitole and Ors.

...Respondents

.....

None for the Applicant.

Mr. R.D. Suryawanshi for the Respondent No.2 and for the Appellant in Cross Objections.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 3rd SEPTEMBER, 2019.

P.C.:- ORDER IN CIVIL APPLICATION NOS.3598 OF 2002 AND 3599 OF 2002:- None present for the Applicant. By these applications the 1/3

Applicants have sought to stay execution and implementation of the impugned judgment and award dated 9th January, 2002 passed by the learned Member of the Claims Tribunal, Pune, in Claim Petition Nos.792 of 1993 and 793 of 1993.

2.

The learned counsel for the Respondent No. 2 states that the Applicant-Insurance Company has already deposited the amount and that the Respondent No.2 has been allowed to withdraw part of the said amount.

3.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

4.

The applications stand disposed of.

ORDER IN CROSS OBJECTION STAMP NO.20013 OF 2003:- 5.

Office note indicates that there is delay of 86 days in filing the cross objection in First Appeal No.1236 of 2002. The Applicant to take necessary steps.

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6.

Copy of the cross-objection to be served on the Appellant. Cross objection to be tagged alongwith the first appeal on the next date of hearing.

7.

Stand over to 17/9/2019.

ORDER IN FIRST APPEAL NO.1237 OF 2002:- 8.

The office note indicates that Civil Application No.7882 of 2003 is pending. Same be tagged alongwith the First Appeal. Cross Objection No.7870 of 2003 be separately tagged. 9.

Stand over to 17/9/2019.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.09.17 15:08:53 +0530 Parab 3/3