Bhatu Santosh Patil v. Ranjitsing Gulabsing Rajput And ORS

ca3324.17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 3324 OF 2017 IN FAST/32352/2016 WITH CA/16229/2016 IN FAST/32352/2016 WITH CA/16230/2016 IN FAST/32352/2016 BHATU SANTOSH PATIL

VERSUS

RANJITSING GULABSING RAJPUT AND ORS Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

V.K. JADHAV,J.

DATED :

24.03.2017 Mr.Amit S. Savale, Advocate for the applicant/claimant.

Mr.S.S. Patil, Advocate for insurer.

Mr.Joslyn A. Menezes, Advocate for respondent No.2.

1.

Heard both the sides.

Considering the challenge made to the judgment and award passed by the Tribunal, the applicant is permitted to withdraw the amount incurred by him towards medical expenses and as such the applicant is permitted to withdraw the amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand) on furnishing undertaking to the satisfaction of the Registrar (Judicial).

The Civil Application is accordingly disposed of.

ca3324.17 2.

For the reasons stated in the application, the delay of 68 days in filing the first appeal is condoned.

The Civil Application for condonation of delay is allowed and accordingly disposed of.

3.

In the appeal, issue notice to the respondents, returnable on 09.06.2017. Mr.A.S. Salve, Advocate waives notice for respondent No.1/claimant. Mr. Joslyn A. Menezes, Advocate waives notice for respondent No.2.

4.

Call for record and proceedings.

[V.K. JADHAV,J.] snk/2017/MAR17/ca3324.17