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Bombay High CourtCA/699/2015disposed offdismissed for default

Oriental Insurance Company Ltd v. Sushilabai Gopichand Giri And Others

2015-01-20Hon'Ble Shri Justice M.T. Joshi2 pages

1 30-ca699-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.699 OF 2015 IN FIRST APPEAL NO.40 OF 1999 Oriental Insurance Company Ltd.

..Applicant

Versus

Sushilabai Gopichand Giri and ors.

..Respondents -- Mr.S.M.Godsay, advocate for applicants Mr.S.L.Kulkarni, advocate for respondent no.7 Mr.P.F.Patni, advocate for respondent nos.8 and 9 -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 20, 2015 PER COURT :

Heard both sides.

2] As the appeal is finally decided, the amount deposited in this Court by the present applicant be transmitted to the concerned Tribunal for onward disbursement.

2 30-ca699-15.odt 3] Mr.Patni makes a statement that an amount of Rs.15,000/- was deposited by the present nonapplicant no.9 - Kantilal, owner of the vehicle. Now, since the joint and several liability of the insurer is confirmed in view of the decision in the appeal, the amount may be refunded to nonapplicant no.9 4] In the circumstances, office is directed to refund the amount to the non-applicant no.9 - Kantilal.

5] Civil Application is disposed of accordingly. [M.T. JOSHI, J.] kbp