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Bombay High CourtCA/2298/2018disposed offdismissed for default

The United India Insurance Co. Ltd. Thr Admin. Officer Mahendra Pratapsingh Virat v. Sumanbai Samindar Chavhan And ORS

2018-02-23Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 CA-2298-18.doc

IN THE HIGH COURT OF JUDICATURE AT B0MBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2298 OF 2018 IN FIRST APPEAL NO. 1 OF 2017 The United India Insurance Company Ltd.

.. Applicant versus Sumanbai w/o Chavhan and others .. Respondents ---- Mr. Rameshwar F. Totala, Advocate for applicant Mr. M. D. Narwadkar, Advocate, h/f Mr. B.R. Kedar, Advocate for respondents no.1 to 3.

CORAM :

SUNIL P. DESHMUKH, J.

DATE : 23rd February, 2018 ORDER:

1.

Heard learned counsel for the parties.

2.

It has been referred to by learned counsel for applicant that as stated in paragraphs no. 1 and 2 of the application due to inadvertent mistake, order of this court dated 20-12-2016 granting stay to execution of award on condition of deposit of amount within prescribed period had remained to communicated to applicant-appellant-insurance company and as such the applicant can hardly be attributed lapse in not depositing the amount within prescribed period.

2 CA-2298-18.doc 3.

Learned counsel for applicant further submits that the amount with interest upto date is made ready and cheque has also been prepared and issued. Under the circumstances, it is requested to extend time to make deposit of the amount. 4.

Learned counsel for respondents no. 1 to 3 has no particular objection for extension of period for making deposit of the amount.

5.

In view of aforesaid, application is granted in terms of prayer clause (B) and is disposed of accordingly. SUNIL P. DESHMUKH JUDGE pnd/-