← Library
Bombay High CourtCA/3179/2017disposed offdismissed for default

Sangita Dnyanoba Shinde And ORS v. United India Insurance Co. Ltd. Thr Its Dy. Manager (T.P. Hub) Divisional Office-I, Aurangabad

2017-09-04Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 38 sr.no. ca 3179.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO. 3179/2017 IN FAST/25032/2016 SANGITA DNYANOBA SHINDE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD. THR ITS DY. MANAGER (T.P. HUB) DIVISIONAL OFFICE- ...

Advocate for Applicants : Mr. Ram Deshpande AGP for Respondents: Mr. Swapnil S. Rathi.

CORAM : K.K. SONAWANE, J.

DATE : 4th September, 2017.

PER COURT:

1] This is an application filed by the original claimant, for seeking permission to withdraw the amount of compensation deposited by the Insurance Company in this case. This Court, under order dated 3.3.2017, was pleased to pass an order that this application can be heard and decided after receipt of R.& P. Now, the R.& P. is received in this matter. 2] According to learned counsel for the appellant Insurance Company, the entire amount of compensation granted by the learned Tribunal has already been deposited in the Executing Court after filing of Execution Petition by the original claimant. In such circumstances, there is no propriety to deal with this application at this stage. Hence, the application can be disposed of with directions to the original claimants to appear before the Executing Court for withdrawal of amount. 3] Accordingly, the application stands disposed of with liberty to the original claimants to appear before the Executing Court for hearing on

{2} 38 sr.no. ca 3179.odt the application for withdrawal of the amount. The Executing Court shall decide the application after hearing the parties concerned as expeditiously as possible, preferably within two months from the date of receipt of this order.

[K.K. SONAWANE] JUDGE.

grt/-