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Bombay High CourtCA/3152/2025admittedallowedgrantedrule absolute

The United India Insurance Co Ltd Through Divisional Manager v. Nirmalabai Vitthal Patil And Others

2025-03-19Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

906ca3152.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 3152 OF 2025 IN FA/2417/2024 THE UNITED INDIA INSURANCE CO LTD THROUGH DIVISIONAL MANAGER

VERSUS

NIRMALABAI VITTHAL PATIL AND OTHERS ...

Advocate for Applicant : Mr. Swapnil Satyanarayan Rathi Advocate for Respondent Nos. 1 to 4 : Mr.M.M. Bhokarikar ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 19.03.2025 PER COURT :- 1.

Present application is filed with following prayers : "B] The office may kindly be directed to accept the cheque to be deposited in compliance of interim orders passed by this Hon'ble Court on 19/12/2024.

C] The order dated 20.02.2025 passed by this Hon'ble Court in present first appeal for vacation of ad-interim relief may kindly be recalled and the order of interim relief be restored in the interest of justice."

2.

Heard learned Advocates appearing for respective parties. 3.

Mr. Swapnil Rathi, learned Advocate appearing for applicant submits that he is ready with amount and shall deposit it with office. Vide order dated 19.12.2024 interim stay was granted to impugned judgment and award, subject to condition of deposit of entire awarded amount within period of eight weeks, however, due to non compliance within time interim stay was vacated by order dated 20.02.2025. Since applicant is ready to deposit amount, there is no impediment in allowing application. Hence, application is allowed in terms of prayer Clauses (B) and (C) on condition that applicant shall deposit cheque of awarded amount within a period of three days from today with registry of this Court.

4.

Civil Application is disposed off.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/