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Bombay High CourtCA/2738/2019disposed offdismissed for default

Sanjay Annasaheb Ghule And Others v. Icici Lombard General Insurance Company Ltd. Thr Its Legal Manager, Aurangabad And ANR

2019-02-14Hon'Ble Shri Justice P.R. Bora2 pages

1 2738.2019.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

958 CIVIL APPLICATION NO.2738 OF 2019 IN FA/2989/2013 SANJAY ANNASAHEB GHULE AND OTHERS

VERSUS

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. THR ITS LEGAL MANAGER, AURANGABAD AND ANR ...

Advocate for Applicants : Shri Chandrakant K. Shinde ...

CORAM : P.R. BORA, J.

Dated: February 14, 2019 PER COURT :- 1.

Heard Shri Shinde, learned Counsel appearing for the applicants. The learned Counsel submitted that, First Appeal No.2989 of 2013 filed by the respondent - Insurance Company has been finally disposed of by this Court vide Judgment passed on 23.06.2014. The learned Counsel submitted that, in fact, in the Judgment itself, this Court had given a direction for transmitting the amount deposited by the Insurance Company in this Court, but there were no further directions of investment of the said amount in Fixed Deposit Receipt to the Motor Accident Claims Tribunal at Shrirampur. The learned Counsel submitted that, however, inadvertently, the said order has remained to be complied with and according to his information, the amount of

2 2738.2019.CA.doc Rs.1,42,000/- is still lying in this Court. The learned Counsel submitted that, this is the amount, which is not directed to be invested in the name of minors. The learned Counsel, in the circumstances, has prayed for remitting the said amount to the present applicants along with the interest, if any, accrued thereon. In view of the submissions made, the following order is passed.

ORDER

(i) The learned Registrar to examine why the order dated 23.06.2014 passed by this Court in First Appeal No.2989 of 2013 has not been complied with.

(ii) After verification, if the amount of Rs.1,42,000/- is noticed to be lying in this Court, the same shall be remitted in favour of the present applicants.

(iii) Civil Application stands disposed of.

( P.R. BORA, J. ) ...

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