Bombay High CourtCA/4603/2024disposed off

Vimal Bhaskar Patil And Others v. Shaikh Javed Usman Gani And ANR.

2024-05-03Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:9755 4603.24CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 4603 OF 2024 IN FA/682/2002 VIMAL BHASKAR PATIL & OTHERS

VERSUS

SHAIKH JAVED USMAN GANI & ANOTHER ...

Advocate for Applicants : Adv.P.R.Hardshal Advocate for Respondent no.2 : Adv.M.M.Ambhore h/f. Adv.V.R.Mundada ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.05.2024 P.C. :

1] Mr.S.S.Dargad, learned counsel appearing for respondent no.2 submits that his appearance on behalf of respondent no.2 may be discharged as Advocate V.R.Mundada has filed Vakalatnama in the matter. 2] Appearance of Advocate Mr.S.S.Dargad be discharged from the matter.

3] The learned counsel for the applicants submits that the office note shows that the amount is not deposited in this Court. The learned counsel, submits that the amount is already deposited in this Court in pursuance of the order passed by this Court dated 25th January, 2024. The learned counsel further submits that First Appeal No.682 of 2002 is

4603.24CA filed by the claimants for enhancement of the compensation and the said First Appeal is allowed by this Court by order dated 16.09.2022. In pursuance of the said order, the Insurance Company has deposited the amount in this Court. The learned counsel for the applicants further submits that the applicants may be permitted to correct the names of applicant nos.2, 4 and 5 as per Government Gazette, which are produced at Page Nos.14, 16 and 18 of the Civil Application, so also, to correct the prayer clause-C of the present Civil Application.

4] Liberty is granted to correct the names of the applicant nos.2, 4 and 5 so also to correct the prayer clause -C forthwith.

5] In view of the same, the present Civil Application is allowed in terms of prayer clause-C. The applicants are permitted to withdraw the amount deposited by the Insurance Company in this Court along with accrued interest thereon. Civil Application is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC