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Bombay High CourtCAF/4374/2016disposed off

Iffco Tokio General Ins. Co.Ltd. v. Mrs. Vinita Vinayak Godse And ANR.

2018-12-12Hon'Ble Shri Justice A.S. Chandurkar2 pages

8-FAST-24476-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICATION FIRST APPEAL ST.NO.24476 OF 2016 WITH CIVIL APPLICATION NO.4374 OF 2016 WITH CIVIL APPLICATION NO.3614 OF 2018 IFFCO Tokio General Insurance Co. Ltd.

-vsVinayak Chintaman Godse and anr.

----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms Jyoti Bajpayee, Advocate for appellant.

Shri D. R. Mahadik, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : December 12, 2018 Civil Application No.4374 of 2016 Perused contentions of the application and heard the learned counsel. Considering reasons mentioned, the delay in filing the First Appeal stands condoned. Civil Application is allowed and disposed of. First Appeal St. No. 24476 of 2016 Heard.

Admit. Call for record and proceedings.

Shri D. R. Mahadik, learned counsel waives notice on behalf of respondent No.1.

The amount of statutory deposit be transferred to the Claims Tribunal.

8-FAST-24476-16 2/2 Civil Application No.3614 of 2018 Perused the application and heard the learned counsel.

In the facts of the case the claimant is permitted to withdraw 50% of the amount of compensation as deposited on furnishing undertaking within eight weeks that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. The remaining amount shall be invested in Fixed Deposit. Civil application is allowed and disposed of. (A.S.CHANDURKAR, J.) Asmita