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Bombay High CourtCA/5409/2013admittedallowedgrantedrule absolute

United India Insurance Company Ltd. v. Anusayabai Govind Chavan And Others

2015-01-08Hon'Ble Shri Justice M.T. Joshi4 pages

CIVIL APPLICATION NO.5408 OF 2013 [United India Insurance Co. Ltd.

Vs. Anusayabai Govind Chavan and ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.S.V.Kulkarni, advocate for applicant Mr.M.V.Ghadge, advocate for respondent nos.1 and 2 The delay of 46 days caused in filing the First Appeal is sought to be condoned by the present applicant - Insurance Company.

Mr.Kulkarni submits that due to the communication gap at various levels the delay is caused.

4] Considering the submissions, the reasons appear to be sufficient. Delay is condoned.

The application is allowed.

CIVIL APPLICATION NO.5409 OF 2013 [United India Insurance Co. Ltd.

Vs. Anusayabai Govind Chavan and ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.S.V.Kulkarni, advocate for applicant Mr.M.V.Ghadge, advocate for respondent nos.1 and 2 It is an admitted fact that the interim direction to deposit the amount is complied with by the applicant/ appellant.

In the circumstances, the interim stay is made absolute on the same terms and conditions. The application is allowed and disposed of as such.

CIVIL APPLICATION NO.143 OF 2015 [Anusayabai Govind Chavan and ors.

Vs. United India Insurance Co. Ltd.] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.M.V.Ghadge, advocate for applicants Mr.S.V.Kulkarni, advocate for respondent no.1 Upon taking into consideration the claim of the appellant in the appeal and finding that the earning son of the present applicants is lost, the applicants are permitted to withdraw 50% of the amount deposited in this Court together with proportionate accrued interest upon filing of an undertaking that in case, any order adverse to their interest is passed in the First Appeal lateron, they would refund the said

amount within a period of four months from the date of the order.

The balance amount be invested in a term deposit scheme as per the usual practice.

4] With the above directions, present application is disposed of.