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Bombay High CourtCAF/1125/2017disposed off

Reliance General Insurance Co. Ltd. v. Mr. Shivaji Choudappa Wankhede And ORS.

2018-11-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

Shridhar Sutar 1 10-fa-1077.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1077 OF 2017 Reliance General Insurance Co. Ltd.

... Appellant

Versus

Shivaji Choudappa Wankhede and others ... Respondents WITH CIVIL APPLICATION NO. 1125 OF 2017 IN FIRST APPEAL NO. 1077 OF 2017 Reliance General Insurance Co. Ltd.

... Applicant

Versus

Shivaji Choudappa Wankhede and others ... Respondents WITH CIVIL APPLICATION STAMP NO. 28451 OF 2018 IN FIRST APPEAL NO. 1077 OF 2017 Shivaji Choudappa Wankhede and others ... Applicants In the matter between Reliance General Insurance Co. Ltd.

... Appellant

Versus

Shivaji Choudappa Wankhede and others ... Respondents .....

Ms Poonam Mital, Advocate for the Appellant.

Mr. Rajshekhar S. Alange for the Respondent Nos. 1 to 3 in First Appeal No. 1077 of 2017, Civil Application No.1125 of 2017 and for Applicants in Civil Application Stamp No.28451 of 2018. .....

CORAM : A. S. CHANDURKAR, J.

DATE : 22nd NOVEMBER, 2018.

P. C.:

FIRST APPEAL NO. 1077 OF 2017 1.

Heard.

2.

Admit.

Shridhar Sutar 2 10-fa-1077.17.doc 3.

Call for the Record and Proceedings.

4.

Mr. Alange, learned Counsel waives notice for respondent Nos. 1 to 3.

CIVIL APPLICATION NO.1125 OF 2017 1.

As the entire amount of compensation has been deposited by the appellant, the execution of the impugned award shall remain stayed till pendancy of the appeal.

2.

Civil Application is disposed of.

CIVIL APPLICATION STAMP NO.28451 OF 2018 1.

The applicants seek permission to withdraw further amount of compensation as deposited. By earlier order dated 7th August, 2017 the applicants were permitted to withdraw 25% of the amount as deposited. Considering the contents of the application the applicants are permitted to further withdraw 25% of the amount remaining in deposit. Remaining amount shall be invested in a fixed deposit. 2.

Civil Application is allowed and disposed of. ( A. S. CHANDURKAR, J. )