The New India Assurance Co.Ltd.Through Its Divisional Manager v. Smt. Suvarna Vijay Shinde And ORS.

30 caf2431-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2431 OF 2017 IN FIRST APPEAL (ST.) NO.16487 OF 2003 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Jyoti Bajpayee for the applicant None for the respondent CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

.

Heard.

By this Civil Application Applicant Insurance Company is seeking withdrawal of Rs.25,000/- deposited by them as statutory deposit at the time of filing First Appeal in the Registry of this court.

The learned counsel for the Applicant submits that First Appeal (ST) No.16487 of 2003 stands dismissed by order dated Mohite 1/2

30 caf2431-17.doc 24.1.2011. Hence, they preferred present Civil Application for withdrawal of the said amount and refund of court fees according to law.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) The Applicant be allowed to withdraw Rs.25,000/- deposited by the Applicant as statutory deposit, with interest and refund of Court Fees paid on Appeal as per Rules."

B) Civil application stands disposed off accordingly.

C) No order as to costs.

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