The New India Assurance Company Ltd Through Its Branch Manager v. Somitra Bhagwat Bhaygude And Others

12532.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.12532 OF 2023 IN FA/529/2023 WITH CA/1290/2023 IN FA/529/2023 SOMITRA BHAGWAT BHAYGUDE & OTHERS

VERSUS

NEW INDIA ASSURANCE CO LTD. & OTHERS ...

Advocate for Applicants : Mr.S.S.Dargad Advocate for Respondent no.1 : Adv.Anand Date h/f.Mr.S.S.Rathi Advocate for Respondent nos.2 and 3 : Mr.P.D.Suryawanshi ...

CORAM :ARUN R. PEDNEKER, J.

DATE :07.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] The First Appeal is filed by the Insurance Company on the ground of quantum.

2] Heard the learned counsel for the parties.

3] The applicants are permitted to withdraw 50% of the amount to the extent of their shares along with interest accrued thereon till date subject to furnishing undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

12532.23CA B] ORDER IN CIVIL APPLICATION FOR STAY Since the appellant - insurance company has deposited the amount as directed by this Court, the interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly.

C] ORDER IN FIRST APPEAL 1] First Appeal is admitted. On admission, Mr.S.S.Dargad, learned counsel waives notice for respondent nos.1 to 4.

2] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC