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Bombay High CourtIA/1040/2019disposed off

Shri. Sachin Parshuram Kene v. Reliance General Insurance Company Limited And ANR.

2021-10-11Hon'Ble Shri Justice N. J. Jamadar2 pages

35-IA1040-19INFA1171-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1040 OF 2019 IN FIRST APPEAL NO. 1171 OF 2019 SANTOSH SUBHASH KULKARNI Sachin Parshuram Kene ...Applicant In the matter between Reliance General Insurance Co.

...Appellant

Versus

Sachin Parshuram Kene & anr.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2021.10.12 17:59:03 +0530 Ms. Jeeni Anthony, for the Applicant/Original Respondent. None for the Respondents/Appellant.

CORAM:

N. J. JAMADAR, J.

DATED :

11th OCTOBER, 2021 PC:- 1.

Heard Ms. Anthony, the learned Counsel for the applicant. 2.

First Appeal (St) No.36053 of 2017 is dismissed for default for non-compliance with the clause (C) of the order dated 2nd May, 2019.

3.

This application is for withdrawal of the amount deposited by the appellant - insurer in terms of the order dated 10th October, 2018, passed by this Court while granting stay to the execution of the award.

4.

Since the appeal has been dismissed for default in compliance with the order, this application also stands disposed of with the clarification that there is no impediment for the 1/2

35-IA1040-19INFA1171-19.DOC Tribunal to release the amount deposited by the appellant - insurer in terms of the Award, upon proper identification. 5.

Application stands disposed of.

[N. J. JAMADAR, J.] 2/2