The Reliance General Insurance Company v. Amruta Yogest Gaikwad And Others

{1} CIVIL APPLICATION NO.4765 OF 2015 IN Applicant Mr.S.G.Chapalgaonkar, advocate for the applicant. Mr.A.C.Derandale, advocate for Respondents No.1 to 3. This is an application seeking condonation of delay of 19 days occurred in presenting appeal.

Heard. For the reasons recorded in the application, application deserves to be allowed and same is accordingly allowed. Delay occurred in presenting the appeal stands condoned. Civil Application stands disposed of.

{2} Appeal Mr.S.G.Chapalgaonkar, advocate for the appellant. Mr.A.C.Darandale, advocate for Respondents No.1 to 4. Heard.

Admit.

Mr.Darandale, advocate waives notice for Respondents No.1 to 4.

{3} CIVIL APPLICATION NO.4766 OF 2015 IN Applicant Mr.S.G.Chapalgaonkar, advocate for the applicant. Mr.A.C.Derandale, advocate for Respondents No.1 to 3. It is informed that the amount, as directed by this Court, has been deposited by the appellant-Insurance Company. In this view of the matter, ad interim relief granted earlier is made absolute subject to the liberty to claimants to claim withdrawal of the amount.

Civil Application is disposed of.

{4} CIVIL APPLICATION NO.6650 OF 2015 IN civil application no.4766 of 2015 in Applicants M/s. New Hariyana Breight Carriers & another Mr.A.C.Derandale, advocate for applicants.

Mr.S.C.Chapalgaonkar, advocate for Respondent No.2. Heard learned Counsel for respective parties. It is informed that the appellant-Insurance Company has deposited an amount of Rs.28,28,210/- in this Court. The Tribunal has directed deposit of amount to the extent of Rs.Eight lacs in Fixed Deposit in any Nationalised Bank. Considering the contentions raised before us, we are of the opinion that if the applicants are permitted to withdraw sum of Rs.15,00,000/- (Rs.Fifteen lacs), it would meet the ends of justice. The applicants are permitted to withdraw an amount of Rs.15,00,000/- (Rs.Fifteen lacs) on condition of furnishing an

{5} undertaking to this Court that in the event of success of appeal, applicants shall redeposit the amount in this Court within a period of eight weeks from such decision. The balance of amount shall be invested in Nationalised Bank initially for a period of three years and Fixed Deposit Receipt shall be renewed thereafter for the period until disposal of appeal.

Civil Application disposed of.