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Bombay High CourtCAF/4392/2018disposed off

Icici Lombard General Insurance Co. Ltd. Through Its Authorized Representative Faizkhan Pathan v. Smt. Ilakshi Amarsingh Vasave And ORS.

2018-12-20Hon'Ble Shri Justice A.S. Chandurkar2 pages

526-CAF-4391-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 27827 OF 2018 WITH CIVIL APPLICATION NO.4391 OF 2018 WITH CIVIL APPLICATION NO. 4392 OF 2018 WITH CIVIL APPLICATION NO. 4393 OF 2018 ICICI Lombard General Insurance Co.Ltd.

.. Appellant Vs.

Ilakshi Amarsingh Vasave & Ors.

.. Respondents Ms Deepika Prabala, Advocate, I/b M/s Res Juris, Advocate for appellant. Shri Pritesh Bohade, Advocate for respondent Nos.1 to 3. CORAM : A.S. CHANDURKAR, J.

DATE : DECEMBER 20, 2018 P.C.

Not on board. Taken up on production.

CIVIL APPLICATION NO. 4391 OF 2018 (FOR CONDONATION OF DELAY) Issue notice to the non-applicants, returnable on 12/03/2019. Shri Pritesh Bohade, learned counsel waives notice on behalf of non-applicant Nos.1 to 3.

CIVIL APPLICATION NO.4392 OF 2018 (APPLICATION FOR STAY) As the entire amount of compensation has been deposited with the Claims Tribunal, the execution of the impugned award shall remain stayed until further orders. The civil application is disposed of. ASMITA 1/2

526-CAF-4391-18.doc CIVIL APPLICATION NO.4393 OF 2018 (APPLICATION FOR WITHDRAWAL) Heard the learned counsel. Perused the impugned judgment. Considering the nature of the award, the Claimant No.1 is permitted to withdraw the amount of Rs.3,50,000/- subject to filing undertaking within eight weeks that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Remaining amount shall remain invested in Fixed Deposit.

Civil Application is disposed of.

(A.S. CHANDURKAR, J.) ASMITA 2/2